HOUSE AMENDED
PRIOR PRINTER'S NOS. 723, 1945 PRINTER'S NO. 2340
No. 689 Session of 1995
INTRODUCED BY ROBBINS, CORMAN, BAKER, STOUT AND STEWART,
MARCH 7, 1995
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 8, 1996
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, adding revised, codified and compiled
3 provisions relating to local government; and making repeals.
4 TITLE 53
5 MUNICIPALITIES GENERALLY
6 PART I. PRELIMINARY PROVISIONS
7 Chapter 1. General Provisions
8 § 101. Short title of title.
9 PART II. CREATION, TERRITORY, ALTERATION AND DISSOLUTION
10 Chapter 9. Municipal Reapportionment
11 § 901. Short title and scope of chapter.
12 § 902. Definitions.
13 § 903. Reapportionment by governing body.
14 § 904. Reapportionment by court upon petition.
15 § 905. Compensation of commissioners and payment of costs.
16 § 906. Contest of reapportionment by governing body.
17 § 907. Costs and expenses of contest.
1 § 908. Retention in office and new elections.
2 PART III. GOVERNMENT AND ADMINISTRATION
3 SUBPART A. GENERAL PROVISIONS
4 Chapter 11. General Provisions
5 Subchapter A. (Reserved)
6 Subchapter B. Emergency Seat of Government
7 § 1121. Scope of subchapter.
8 § 1122. Establishment and designation.
9 § 1123. Exercise of powers and functions.
10 § 1124. Applicability of subchapter.
11 Subchapter C. Emergency Succession of Officers
12 § 1131. Scope of subchapter.
13 § 1132. Declaration of policy.
14 § 1133. Definitions.
15 § 1134. Enabling authority for emergency interim successors for
16 local offices.
17 § 1135. Emergency interim successors for local officers.
18 § 1136. Formalities of taking office.
19 § 1137. Succession period.
20 § 1138. Term and removal of designees.
21 SUBPART B. GOVERNING BODY
22 Chapter 13. General Provisions
23 Subchapters A through E (Reserved)
24 Subchapter F. Records
25 § 1381. Short title and scope of subchapter.
26 § 1382. Definitions.
27 § 1383. Disposition of public records.
28 § 1384. Proposed retention and disposal schedules.
29 § 1385. Local Government Records Committee.
30 § 1386. Effect of approval of schedule.
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1 § 1387. Nonliability of official.
2 § 1388. Destruction of original records.
3 § 1389. Applicability of other statutes.
4 SUBPART C. EXECUTIVE DEPARTMENTS, OFFICERS AND EMPLOYEES
5 Chapter 21. Employees
6 Subchapters A through E (Reserved)
7 Subchapter D. Municipal Police Education and Training
8 § 2161. Establishment of program and scope of subchapter.
9 § 2162. Definitions.
10 § 2163. Commission members.
11 § 2164. Powers and duties of commission.
12 § 2165. Meetings and quorum of commission.
13 § 2166. Applicability to civil service laws.
14 § 2167. Police training.
15 § 2168. Automatic certification.
16 § 2169. In-service training by existing personnel.
17 § 2170. Reimbursement of expenses.
18 § 2171. Payment of certain county costs.
19 SUBPART D. AREA GOVERNMENT AND INTERGOVERNMENTAL COOPERATION
20 Chapter 23. General Provisions
21 Subchapter A. Intergovernmental Cooperation
22 § 2301. Scope of subchapter.
23 § 2302. Definitions.
24 § 2303. Intergovernmental cooperation authorized.
25 § 2304. Intergovernmental cooperation.
26 § 2305. Ordinance.
27 § 2306. Initiative and referendum.
28 § 2307. Content of ordinance.
29 § 2308. Bids for certain joint purchases.
30 § 2309. Direct purchases.
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1 § 2310. Joint purchases with private educational
2 establishments.
3 § 2311. Written or telephonic price quotations required.
4 § 2312. Division of transactions provided.
5 § 2313. Penalty.
6 § 2314. Review of agreement by Local Government Commission.
7 § 2315. Effect of joint cooperation agreements.
8 Subchapter B. Environmental Advisory Councils
9 § 2321. Scope of subchapter.
10 § 2322. Establishment of Environmental Advisory Council.
11 § 2323. Composition and organization of council.
12 § 2324. Powers and duties of council.
13 § 2325. Records and reports.
14 § 2326. Appropriations for expenses of council.
15 § 2327. Status of existing agencies unaffected.
16 § 2328. Assistance from Department of Environmental Resources.
17 § 2329. Assistance from Department of Community Affairs.
18 Subchapter C. Regional Planning
19 § 2341. Short title and scope of subchapter.
20 § 2342. Definitions.
21 § 2343. Declaration of policy.
22 § 2344. Establishment and organization of regional planning
23 commission.
24 § 2345. Finances, staff and program.
25 § 2346. Commission to prepare master plan.
26 § 2347. Cooperation between commission, municipalities and
27 others.
28 § 2348. Interstate participation.
29 Chapter 25. Environmental Improvement Compacts
30 Subchapter A. Preliminary Provisions
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1 § 2501. Short title and scope of chapter.
2 § 2502. Definitions.
3 Subchapter B. Initiative
4 § 2511. Proposal by electors.
5 § 2512. Initiative petition.
6 § 2513. Review of initiative petition.
7 § 2514. Petition as public record.
8 § 2515. Distribution of petition.
9 Subchapter C. Municipal Referendum Ordinance
10 § 2521. Referendum ordinance.
11 § 2522. Filing of referendum ordinance.
12 § 2523. Notice to governing bodies of referendum date.
13 Subchapter D. Referendum
14 § 2531. Referendum procedures.
15 § 2532. Placing question on ballot.
16 § 2533. Date of election.
17 § 2534. Public notice of referendum.
18 § 2535. Approval.
19 § 2536. Results of election.
20 Subchapter E. Election of Board
21 § 2541. Election of board.
22 § 2542. Nomination of candidates.
23 § 2543. Election returns.
24 Subchapter F. Organization of Board
25 § 2551. Membership of board.
26 § 2552. Compensation of board.
27 § 2553. Organization of board.
28 § 2554. Secretary and treasurer of board.
29 § 2555. Purposes and powers of board.
30 SUBPART E. HOME RULE AND OPTIONAL PLAN GOVERNMENT
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1 Chapter 29. General Provisions
2 Subchapter A. Preliminary Provisions
3 § 2901. Short title and scope of subpart.
4 § 2902. Definitions.
5 Subchapter B. Procedure for Adoption of Home Rule Charter or
6 Optional Plan of Government
7 § 2911. Submission of question for election of government study
8 commission.
9 § 2912. Election of members of commission.
10 § 2913. Nomination of candidates.
11 § 2914. Results of election.
12 § 2915. Oath of office of members of commission.
13 § 2916. First meeting of commission.
14 § 2917. Vacancies.
15 § 2918. Function and duty of commission.
16 § 2919. Compensation and personnel.
17 § 2920. Hearings and public forums.
18 § 2921. Report of findings and recommendations.
19 § 2922. Discharge of petition and amended reports.
20 § 2923. Types of action recommended.
21 § 2924. Specificity of recommendations.
22 § 2925. Form of question on form of government.
23 § 2926. Submission of question on form of government.
24 § 2927. Limitation on enactment of ordinance or filing of
25 petition.
26 § 2928. Time when change of form of government takes effect.
27 § 2929. Limitation on changing new form of government.
28 § 2930. Status of forms of government provided in subpart.
29 Subchapter C. Amendment of Existing Charter or Optional Plan
30 § 2941. Procedure for amendment of charter or optional plan.
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1 § 2942. Initiation of amendment by electors or council.
2 § 2943. Petition for referendum or ordinance proposing
3 amendment.
4 § 2944. Time and manner of submission of question.
5 Subchapter D. Conduct of Election
6 § 2951. Conduct and results of election.
7 § 2952. Notice of election.
8 Subchapter E. General Powers and Limitations of Home Rule
9 Charter Municipalities
10 § 2961. Scope of powers of home rule.
11 § 2962. Limitations on municipal powers.
12 § 2963. Exercise of municipal powers by home rule county.
13 § 2964. General powers of municipalities.
14 § 2965. Recording and filing of charter.
15 § 2966. Continuation of office of existing elective officials.
16 § 2967. Repeal of home rule charter.
17 Subchapter F. General Provisions and Limitations for
18 Optional Plan Municipalities
19 § 2971. Law applicable to optional plan.
20 § 2972. Recording and filing of plan.
21 § 2973. Scope of powers of optional plan.
22 § 2974. Limitation on powers of optional plan.
23 Subchapter G. Miscellaneous Provisions
24 § 2981. Limitation on local municipality.
25 § 2982. Retention of existing form of government.
26 § 2983. Retention of existing form of government when electors
27 disapprove proposal.
28 § 2984. Assumption of functions previously assumed by other
29 municipality.
30 Chapter 30. Types of Optional Plans of Government
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1 Subchapter A. Executive (Mayor) - Council Plan A
2 § 3001. Designation and applicability of plan.
3 § 3002. Officers and employees.
4 § 3003. Election and term of office of officials.
5 § 3004. Election and term of office of council members.
6 § 3005. First election of council members.
7 § 3006. Legislative power vested in council.
8 § 3007. Organization of council.
9 § 3008. Powers of council concerning officers and agencies.
10 § 3009. Appointment and duties of municipal clerk or secretary.
11 § 3010. Executive power vested in executive.
12 § 3011. Powers and duties of executive.
13 § 3012. Approval or veto of ordinances.
14 § 3013. Mayor, departments and department heads.
15 § 3014. Department of administration.
16 § 3015. Budget.
17 § 3016. Form and adoption of budget.
18 § 3017. Amended budget.
19 § 3018. Council amendments to budget.
20 Subchapter B. Executive (Mayor) - Council Plan B
21 § 3031. Designation and applicability of plan.
22 § 3032. Departments.
23 § 3033. Mandatory department of administration.
24 Subchapter C. Executive (Mayor) - Council Plan C
25 § 3041. Designation and applicability of plan.
26 § 3042. Powers and duties of executive.
27 § 3043. Appointment and duties of managing director.
28 Subchapter D. Council-Manager Plan
29 § 3051. Designation and applicability of plan.
30 § 3052. Officers and employees.
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1 § 3053. Election and term of office of elected officials.
2 § 3054. Election and term of office of council members.
3 § 3055. First election of council members.
4 § 3056. Selection of mayor, council president or chairman.
5 § 3057. Appointment and duties of municipal clerk or secretary.
6 § 3058. Powers and duties of council.
7 § 3059. Qualifications of municipal manager.
8 § 3060. Removal of municipal manager from office.
9 § 3061. Inability of municipal manager to perform duties.
10 § 3062. Powers and duties of municipal manager.
11 § 3063. Preparation and adoption of budget.
12 § 3064. Amended budget.
13 Subchapter E. Small Municipality Plan
14 § 3071. Designation and applicability of plan.
15 § 3072. Officers.
16 § 3073. Election of council members.
17 § 3074. Organization of council.
18 § 3075. Powers and duties of council.
19 § 3076. Municipal clerk or secretary, solicitor and agencies.
20 § 3077. Powers and duties of executive.
21 § 3078. Appointment of officers and employees by executive.
22 § 3079. Preparation and adoption of budget.
23 § 3080. Amended budget.
24 Subchapter F. Optional County Plan
25 § 3091. Designation and applicability of plan.
26 § 3092. County officers.
27 § 3093. Powers.
28 § 3094. Additional options for election of county sheriff.
29 § 3095. Approval of plan.
30 Chapter 31. General Provisions Common to Optional Plans
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1 Subchapter A. Officers and Employees
2 § 3101. Adverse interest in contracts for purchase or services.
3 § 3102. Acceptance of services at more favorable terms.
4 § 3103. Gift or promise of thing of value to influence
5 political support.
6 § 3104. Refusal or failure to appear or testify before court.
7 Subchapter B. Treasurer
8 § 3111. Selection and duties of municipal treasurer.
9 Subchapter C. Appointment Power and Personnel
10 § 3121. Appointment of members of boards and commissions.
11 § 3122. Appointment of subordinate officers and employees.
12 Subchapter D. Filling Vacancies in Elected Office
13 § 3131. Applicability of subchapter.
14 § 3132. Manner of filling vacancies in office.
15 Subchapter E. Legislation by Council
16 § 3141. Regular and special meetings of council.
17 § 3142. Procedure and functions of council.
18 § 3143. Adoption of ordinances.
19 § 3144. Recording and compilation of ordinances and
20 resolutions.
21 § 3145. Filing and publication of rules and regulations.
22 § 3146. Passage of administrative ordinance.
23 Subchapter F. Audit and Control
24 § 3151. Exercise of financial management control functions.
25 § 3152. Post audits by independent auditor.
26 § 3153. Selection of controller.
27 Subchapter G. Transition to Optional Plan Government
28 § 3161. Applicability of plan.
29 § 3162. Status and term of office of officials.
30 § 3163. Compensation of elected officials.
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1 § 3164. Status of existing ordinances and resolutions.
2 § 3165. Abolishment of existing appointive offices.
3 § 3166. Pending actions and proceedings.
4 Subchapter H. Repeal of Optional Plan
5 § 3171. Repeal of optional plan and establishment of new form
6 of government.
7 PART V. PUBLIC IMPROVEMENTS, UTILITIES AND SERVICES
8 SUBPART A. GENERAL PROVISIONS
9 Chapter 54. Business Improvement Districts
10 § 5401. Short title and scope of chapter.
11 § 5402. Definitions.
12 § 5403. Powers of governing body.
13 § 5404. Administrative services provided by cities of the
14 second class.
15 § 5405. Assessment authorized.
16 § 5406. Method and payment of assessment.
17 PART VII. TAXATION AND FISCAL AFFAIRS
18 SUBPART B. INDEBTEDNESS AND BORROWING
19 Chapter 80. General Provisions
20 Subchapter A. Preliminary Provisions
21 § 8001. Short title, scope and applicability of subpart.
22 § 8002. Definitions.
23 § 8003. Advertisement and effectiveness of ordinances.
24 § 8004. When lease or other agreement evidences acquisition of
25 capital asset.
26 § 8005. Classification and authority to issue bonds and notes.
27 § 8006. Preliminary cost estimates.
28 § 8007. Cost of project.
29 § 8008. Home rule.
30 § 8009. Guaranty funds and compulsory associations.
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1 Subchapter B. Limitations on Debt of Local Government Units
2 § 8021. No limitation on debt approved by electors.
3 § 8022. Limitations on incurring of other debt.
4 § 8023. Transfer to electoral debt of debt incurred without
5 approval of electors.
6 § 8024. Exclusion of subsidized debt from net nonelectoral debt
7 or net lease rental debt.
8 § 8025. Exclusion of self-liquidating debt evidenced by revenue
9 bonds or notes to determine net nonelectoral debt.
10 § 8026. Exclusion of other self-liquidating debt to determine
11 net nonelectoral debt or net lease rental debt.
12 § 8027. Effect of debt limitations on outstanding debt.
13 § 8028. Determination of existing net nonelectoral debt and net
14 nonelectoral plus net lease rental debt.
15 § 8029. Determination of debt limits.
16 Subchapter C. Procedure for Securing Approval of Electors
17 § 8041. Desire resolution and expense of certain elections.
18 § 8042. Advertisement of election.
19 § 8043. Conduct of election.
20 § 8044. Finality of result of election.
21 § 8045. Effect of defeat of question.
22 § 8046. Issuance of bonds, notes or other instruments to
23 evidence electoral debt.
24 § 8047. Cancellation or termination of approval of electors.
25 § 8048. Limitation on use of proceeds of electoral debt.
26 § 8049. Manner of changing purpose of electoral debt.
27 Chapter 81. Incurring Debt and Issuing Bonds and Notes
28 Subchapter A. General Provisions
29 § 8101. Combining projects for financing or series of bonds or
30 notes for sale.
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1 § 8102. Preliminary authorizations as to financing.
2 § 8103. Ordinance authorizing issuance of documents evidencing
3 lease rental debt.
4 § 8104. Covenant to pay bonds or notes or a guaranty.
5 § 8105. Additional provisions in ordinance authorizing issuance
6 of revenue or guaranteed revenue bonds or notes.
7 § 8106. Sinking fund depository and trustee for bondholders or
8 noteholders.
9 § 8107. Award of bonds or notes.
10 § 8108. Bond anticipation notes.
11 § 8109. Small borrowing for capital purposes.
12 § 8110. Debt statement.
13 § 8111. Submission to department.
14 § 8112. Agreements with bondholders or noteholders.
15 § 8113. Lost, stolen, destroyed or mutilated bonds or notes.
16 § 8114. Evidence of signatures of holders and of ownership of
17 bonds, notes and tax anticipation notes.
18 § 8115. Contractual effect of ordinances and resolutions.
19 § 8116. Unfunded actuarial accrued liability - condition
20 precedent.
21 Subchapter B. Tax Anticipation Notes and Funding Debt
22 § 8121. Power to issue tax anticipation notes.
23 § 8122. Limitation on amount of tax anticipation notes.
24 § 8123. Maturity date and time of payment of interest.
25 § 8124. Other terms of tax anticipation notes.
26 § 8125. Security for tax anticipation notes and sinking fund.
27 § 8126. Certification as to taxes and revenues to be collected.
28 § 8127. Sale of tax anticipation notes.
29 § 8128. Condition precedent to validity of tax anticipation
30 notes.
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1 § 8129. Scope of unfunded debt.
2 § 8130. Approval by court to fund unfunded debt.
3 Subchapter C. Provisions of Bonds and Notes
4 § 8141. Form of bonds or notes.
5 § 8142. Limitations on stated maturity dates.
6 § 8143. Disposition of proceeds notwithstanding certain
7 limitations.
8 § 8144. Number of interest rates.
9 § 8145. Place and medium of payment.
10 § 8146. Execution of bonds or notes.
11 § 8147. Pledge of revenues.
12 § 8148. Deeds of trust and other agreements with bondholders
13 and noteholders.
14 § 8149. Negotiable qualities of bonds and notes.
15 § 8150. Temporary bonds or notes or interim receipts.
16 Subchapter D. Sale of Bonds and Notes
17 § 8161. Manner of sale of bonds or notes.
18 § 8162. Contents of public advertisement and of official notice
19 of sale.
20 § 8163. Proposals for purchase.
21 § 8164. Opening of bids.
22 § 8165. Determination of highest and best bid.
23 § 8166. Required bid security.
24 § 8167. Reserved right to reject bids.
25 § 8168. Failure to receive conforming bid.
26 § 8169. Determination of net interest cost and net interest
27 rate.
28 Chapter 82. Miscellaneous Provisions
29 Subchapter A. Department of Community Affairs
30 § 8201. Certification to department of bond or note transcript
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1 or lease, guaranty, subsidy contract or other
2 agreement.
3 § 8202. Filing of statements of noncompletion of sale with
4 department.
5 § 8203. Fees for filing.
6 § 8204. Certificate of approval of transcript.
7 § 8205. Certificate of disapproval and correction of
8 proceedings.
9 § 8206. Effect of failure of timely action by department.
10 § 8207. Records of department.
11 § 8208. Invalidity of instruments which are delivered without
12 compliance with requirements or conditions precedent
13 to issuance or delivery.
14 § 8209. Finality of proceedings as to validity of instruments.
15 § 8210. Power of department to define terms, issue rules and
16 regulations and prescribe forms.
17 § 8211. Petitions for declaratory orders and complaints to
18 department.
19 Subchapter B. Sinking Funds and Other Funds and Accounts
20 § 8221. Creation of sinking funds and deposits, reserves and
21 surplus funds.
22 § 8222. Assessment fund.
23 § 8223. Duty of treasurer.
24 § 8224. Deposit and investment of moneys in sinking funds and
25 other funds.
26 § 8225. Management of sinking and other funds.
27 § 8226. Inspection of sinking funds and orders to comply.
28 § 8227. Sinking fund not required for small borrowings.
29 Subchapter C. Refunding of Debt
30 § 8241. Power to refund.
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1 § 8242. Treatment of costs upon refunding.
2 § 8243. Limitation on extending term of debt by refunding.
3 § 8244. Effect of debt limits on refunding nonelectoral bonds
4 or notes or lease rental debt.
5 § 8245. Refunding of electoral debt.
6 § 8246. Procedure for authorization, sale, issue and approval
7 of refunding bonds or notes.
8 § 8247. Special limitation on refunding of funding debt.
9 § 8248. Approval of refunding by the electors.
10 § 8249. Refunding with bonds of another type.
11 § 8250. Use of proceeds of refunding bonds and when refunded
12 bonds are no longer deemed outstanding.
13 § 8251. Cessation of interest on called bonds or notes.
14 Subchapter D. Remedies
15 § 8261. Failure to budget debt service.
16 § 8262. Failure to pay principal or interest.
17 § 8263. Trustee for bondholders.
18 § 8264. Receiver for revenue projects.
19 § 8265. Costs of suits or proceedings.
20 § 8266. Distribution of moneys realized for bondholders.
21 Subchapter E. Penalties
22 § 8271. Failure to obey sinking fund directive of department.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Title 53 of the Pennsylvania Consolidated
26 Statutes is amended by adding parts to read:
27 TITLE 53
28 MUNICIPALITIES GENERALLY
29 Part
30 I. Preliminary Provisions
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1 II. Creation, Territory, Alteration and Dissolution
2 III. Government and Administration
3 V. Public Improvements, Utilities and Services
4 VII. Taxation and Fiscal Affairs
5 PART I
6 PRELIMINARY PROVISIONS
7 Chapter
8 1. General Provisions
9 CHAPTER 1
10 GENERAL PROVISIONS
11 Sec.
12 101. Short title of title.
13 § 101. Short title of title.
14 This title shall be known and may be cited as the General
15 Local Government Code.
16 PART II
17 CREATION, TERRITORY, ALTERATION AND DISSOLUTION
18 Chapter
19 9. Municipal Reapportionment
20 CHAPTER 9
21 MUNICIPAL REAPPORTIONMENT
22 Sec.
23 901. Short title and scope of chapter.
24 902. Definitions.
25 903. Reapportionment by governing body.
26 904. Reapportionment by court upon petition.
27 905. Compensation of commissioners and payment of costs.
28 906. Contest of reapportionment by governing body.
29 907. Costs and expenses of contest.
30 908. Retention in office and new elections.
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1 § 901. Short title and scope of chapter.
2 (a) Short title of chapter.--This chapter shall be known and
3 may be cited as the Municipal Reapportionment Act.
4 (b) Scope of chapter.--This chapter applies to the following
5 entities:
6 (1) Municipalities.
7 (2) Units of government created and existing under
8 Subpart E of Part III (relating to home rule and optional
9 plan government).
10 (3) Similar general purpose units of local government
11 created by statute.
12 § 902. Definitions.
13 The following words and phrases when used in this chapter
14 shall have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "District." Includes a ward whenever wards are used as a
17 subdivision for the election of members of the governing body.
18 "Governing body." A board of county commissioners, city
19 council, borough council, incorporated town council, board of
20 township commissioners or board of township supervisors, the
21 governing council of any unit of government created and existing
22 under Subpart E of Part III (relating to home rule and optional
23 plan government), or the governing council of any similar
24 general purpose unit of government created by statute.
25 § 903. Reapportionment by governing body.
26 (a) General rule.--Within the year following that in which
27 the Federal census, decennial or special, is officially and
28 finally reported, and at such other times as the governing body
29 deems necessary, each entity having a governing body not
30 entirely elected at large shall be reapportioned into districts
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1 by its governing body. The governing body shall number the
2 districts.
3 (b) Composition of districts.--Districts shall be composed
4 of compact and contiguous territory as nearly equal in
5 population as practicable as officially and finally reported in
6 the most recent Federal census, decennial or special.
7 § 904. Reapportionment by court upon petition.
8 (a) Petition.--If there has not been a reapportionment by
9 the governing body within the year following that in which the
10 Federal census, decennial or special, is officially and finally
11 reported, a petition, signed by one or more electors who are
12 residents of the entity, may be submitted to the court of common
13 pleas which may then reapportion in accordance with this
14 chapter.
15 (b) Appointment of commissioners.--Upon receiving the
16 petition to reapportion, the court may appoint three impartial
17 persons as commissioners.
18 (c) Report to court.--The commissioners appointed by the
19 court or any two of them shall make a report to the court within
20 the time the court directs and shall include with it a plot
21 showing the boundaries of the present districts and a plot
22 showing the districts as proposed by them, along with pertinent
23 information relating to population and area of the proposed
24 districts.
25 (d) Action on report.--Upon presentation, the court shall
26 confirm the report nisi and shall direct that notice of the
27 filing of the report shall be given by publication once in a
28 newspaper of general circulation stating that exceptions may be
29 filed to the report within 30 days after the report was filed.
30 If no exceptions are filed or if the court dismisses the
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1 exceptions, the court shall confirm the report absolutely and
2 issue a decree. The court in its decree shall designate a number
3 for each of the districts.
4 § 905. Compensation of commissioners and payment of costs.
5 (a) Compensation of commissioners.--The commissioners
6 appointed by the court shall each receive compensation for their
7 services as the court shall fix.
8 (b) Payment of costs and expenses.--All cost and expenses
9 incurred in the proceedings to reapportion shall be paid by the
10 entity.
11 § 906. Contest of reapportionment by governing body.
12 (a) General rule.--In the event there has been a
13 reapportionment by the governing body pursuant to section 903(a)
14 (relating to reapportionment by governing body) or 904 (relating
15 to reapportionment by court upon petition), the reapportionment
16 may be contested as not being in compliance with the criteria
17 for reapportionment as set forth in section 903(b).
18 (b) Petition to court.--In order to contest a
19 reapportionment, a petition signed by ten electors who are
20 residents of the entity shall be submitted to the court of
21 common pleas.
22 (c) Action on petition.--The court shall review the
23 reapportionment plan and either accept the reapportionment plan
24 and dismiss the petition or reject the reapportionment plan and
25 return it to the local governing body for correction and
26 resubmission to the court.
27 (d) Appointment of commissioners.--If the court sets the
28 reapportionment aside, the court may appoint three impartial
29 persons as commissioners.
30 (e) Report to court.--The commissioners appointed by the
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1 court or any two of them shall make a report to the court within
2 the time the court directs and shall include with it a plot
3 showing the boundaries of the present districts and a plot
4 showing the districts as proposed by them, along with pertinent
5 information relating to population and area of the proposed
6 districts.
7 (f) Action on report.--Upon presentation, the court shall
8 confirm the report nisi and shall direct that notice of the
9 filing of the report shall be given by publication once in a
10 newspaper of general circulation stating that exceptions may be
11 filed to the report within 30 days after the report was filed.
12 If no exceptions are filed or if the court dismisses the
13 exceptions, the court shall confirm the report absolutely and
14 issue a decree. The court in its decree shall designate a number
15 for each of the districts.
16 § 907. Costs and expenses of contest.
17 (a) General rule.--All cost and expenses incurred in a
18 proceeding described in section 906 (relating to contest of
19 reapportionment by governing body) challenging a reapportionment
20 shall be paid by the entity or the petitioners as the court
21 directs, but if the court reapportions the entity, the costs and
22 expenses shall be paid by the entity.
23 (b) Bond to secure payment.--If a reapportionment is
24 challenged by petition as described in section 906, the
25 petitioners may be required to post a bond set by the court to
26 secure the payment of costs and expenses.
27 § 908. Retention in office and new elections.
28 (a) Retention of existing members in office.--The members of
29 the governing body in office at the time of the reapportionment
30 shall retain their offices until the end of their respective
19950S0689B2340 - 21 -
1 terms.
2 (b) Election of members following reapportionment.--The
3 election of members of the governing body under the
4 reapportionment shall be held in accordance with law relating to
5 the entity and the act of June 3, 1937 (P.L.1333, No.320), known
6 as the Pennsylvania Election Code.
7 PART III
8 GOVERNMENT AND ADMINISTRATION
9 Subpart
10 A. General Provisions
11 B. Governing Body
12 C. Executive Departments, Officers and Employees
13 D. Area Government and Intergovernmental Cooperation
14 E. Home Rule and Optional Plan Government
15 SUBPART A
16 GENERAL PROVISIONS
17 Chapter
18 11. General Provisions
19 CHAPTER 11
20 GENERAL PROVISIONS
21 Subchapter
22 A. (Reserved)
23 B. Emergency Seat of Government
24 C. Emergency Succession of Officers
25 SUBCHAPTER A (RESERVED)
26 SUBCHAPTER B
27 EMERGENCY SEAT OF GOVERNMENT
28 Sec.
29 1121. Scope of subchapter.
30 1122. Establishment and designation.
19950S0689B2340 - 22 -
1 1123. Exercise of powers and functions.
2 1124. Applicability of subchapter.
3 § 1121. Scope of subchapter.
4 This subchapter applies to all political subdivisions.
5 § 1122. Establishment and designation.
6 Whenever, due to an emergency resulting from the effects of
7 enemy attack or the anticipated effects of a threatened enemy
8 attack, it becomes imprudent, inexpedient or impossible to
9 conduct the affairs of local government at the regular or usual
10 place, the governing body of each political subdivision of this
11 Commonwealth may meet at any place, within or without the
12 territorial limits of the political subdivision. The meeting may
13 be held on the call of the presiding officer or any two members
14 of the governing body and shall proceed to establish and
15 designate, by ordinance, resolution or other manner, alternate
16 or substitute sites or places as the emergency temporary
17 location or locations of government, where all or any part of
18 the public business may be transacted and conducted during the
19 emergency situation. These sites or places may be within or
20 without the territorial limits of the political subdivision and
21 may be within or without this Commonwealth.
22 § 1123. Exercise of powers and functions.
23 During the period when the public business is being conducted
24 at the emergency temporary location or locations, the governing
25 body and other officers of a political subdivision of this
26 Commonwealth shall exercise at the location or locations all of
27 the executive, legislative and judicial powers and functions
28 conferred upon the governing body and officers by law. These
29 powers and functions may be exercised in the light of the
30 exigencies of the emergency situation without regard to time
19950S0689B2340 - 23 -
1 consuming procedures and formalities prescribed by law and
2 pertaining to them, and all acts of the governing body and
3 officers shall be as valid and binding as if performed within
4 the territorial limits of their political subdivision.
5 § 1124. Applicability of subchapter.
6 The provisions of this subchapter shall control, in the event
7 it shall be employed, notwithstanding any statutory charter or
8 ordinance provision to the contrary or in conflict with this
9 subchapter.
10 SUBCHAPTER C
11 EMERGENCY SUCCESSION OF OFFICERS
12 Sec.
13 1131. Scope of subchapter.
14 1132. Declaration of policy.
15 1133. Definitions.
16 1134. Enabling authority for emergency interim successors for
17 local offices.
18 1135. Emergency interim successors for local officers.
19 1136. Formalities of taking office.
20 1137. Succession period.
21 1138. Term and removal of designees.
22 § 1131. Scope of subchapter.
23 This subchapter applies to all municipalities.
24 § 1132. Declaration of policy.
25 Because of the existing possibility of attack upon the United
26 States of unprecedented size and destructiveness and in order,
27 in the event of such an attack, to assure continuity of
28 government through legally constituted authority and
29 responsibility in offices of the municipalities of this
30 Commonwealth, to provide for the effective operation of
19950S0689B2340 - 24 -
1 government during an emergency and to facilitate the early
2 resumption of functions temporarily suspended, it is found and
3 declared to be necessary to provide for emergency interim
4 succession to offices of the municipalities of this Commonwealth
5 in the event the incumbents and their deputies authorized to
6 exercise all of the powers and discharge the duties of these
7 offices, referred to in this subchapter as deputies, are
8 unavailable to exercise the powers and perform the duties of
9 these offices.
10 § 1133. Definitions.
11 The following words and phrases when used in this subchapter
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Attack." Any attack on the United States which causes or
15 may cause substantial damage or injury to civilian persons or
16 property in any manner by sabotage or by the use of bombs,
17 missiles, shellfire or by atomic, radiological, chemical,
18 bacteriological or biological means or other weapons or
19 processes.
20 "Emergency interim successor." A person designated, in the
21 event the officer is unavailable, to exercise the powers and
22 discharge the duties of an office until a successor is appointed
23 or elected and qualified as may be provided by the Constitution
24 of Pennsylvania, statutes, charters and ordinances or until the
25 lawful incumbent is able to exercise the powers and discharge
26 the duties of the office.
27 "Office." All local offices, the powers and duties of which
28 are defined by the Constitution of Pennsylvania or a statute,
29 charter or ordinance.
30 "Unavailable." When a vacancy in office exists and there is
19950S0689B2340 - 25 -
1 no deputy authorized to exercise all of the powers and discharge
2 the duties of the office or when the lawful incumbent of the
3 office or any deputy exercising the powers and discharging the
4 duties of an office because of a vacancy and his authorized
5 deputy are absent or unable to exercise the powers and discharge
6 the duties of the office.
7 § 1134. Enabling authority for emergency interim successors for
8 local offices.
9 With respect to local offices for which the legislative
10 bodies of municipalities may enact resolutions or ordinances
11 relative to the manner in which vacancies will be filled or
12 temporary appointments to office made, the legislative bodies
13 are authorized to enact resolutions or ordinances providing for
14 emergency interim successors to offices. The resolutions and
15 ordinances shall not be inconsistent with this subchapter.
16 § 1135. Emergency interim successors for local officers.
17 This section is applicable to officers of municipalities not
18 included in section 1134 (relating to enabling authority for
19 emergency interim successors for local offices). Each officer,
20 subject to any regulations as the executive head of the
21 municipality may issue, shall designate by title, if feasible,
22 or by named person, emergency interim successors and specify
23 their order of succession. The officer shall review and revise,
24 as necessary, designations made pursuant to this subchapter. The
25 officer will designate a sufficient number of persons so that
26 there will be not less than three deputies or emergency interim
27 successors, or any combination of them. If any officer or deputy
28 of any municipality is unavailable, the powers of the office
29 shall be exercised and the duties discharged by his designated
30 emergency interim successors in the order specified. The
19950S0689B2340 - 26 -
1 emergency interim successors, in the order specified, shall
2 exercise the powers and discharge the duties of the office to
3 which designated until the vacancy is filled in accordance with
4 the Constitution of Pennsylvania or statutes or until the
5 officer, or his deputy or a preceding emergency interim
6 successor, ceases to be unavailable.
7 § 1136. Formalities of taking office.
8 Prior to taking up the duties to which they may temporarily
9 succeed, emergency interim successors shall take an oath as may
10 be required for the office to which they may succeed.
11 § 1137. Succession period.
12 Emergency interim successors may exercise the powers and
13 discharge the duties of an office as authorized in this
14 subchapter only after an attack has occurred. The General
15 Assembly, by concurrent resolution, may terminate the authority
16 of the emergency interim successors to exercise the powers and
17 discharge the duties of office as provided under this
18 subchapter.
19 § 1138. Term and removal of designees.
20 Until the persons designated as emergency interim successors
21 are authorized to exercise the powers and discharge the duties
22 of an office in accordance with this subchapter, including
23 section 1137 (relating to succession period), these persons may
24 be removed or replaced by the designating authority at any time,
25 with or without cause.
26 SUBPART B
27 GOVERNING BODY
28 Chapter
29 13. General Provisions
30 CHAPTER 13
19950S0689B2340 - 27 -
1 GENERAL PROVISIONS
2 Subchapter
3 A. through E. (Reserved)
4 F. Records
5 SUBCHAPTERS A THROUGH E (RESERVED)
6 SUBCHAPTER F
7 RECORDS
8 Sec.
9 1381. Short title and scope of subchapter.
10 1382. Definitions.
11 1383. Disposition of public records.
12 1384. Proposed retention and disposal schedules.
13 1385. Local Government Records Committee.
14 1386. Effect of approval of schedule.
15 1387. Nonliability of official.
16 1388. Destruction of original records.
17 1389. Applicability of other statutes.
18 § 1381. Short title and scope of subchapter.
19 (a) Short title of subchapter.--This subchapter shall be
20 known and may be cited as the Municipal Records Act.
21 (b) Scope of subchapter.--This subchapter applies to the
22 following entities:
23 (1) Municipal corporations.
24 (2) Municipal authorities created by any municipal
25 corporation.
26 This subchapter does not apply to cities of the first class,
27 second class or second class A.
28 § 1382. Definitions.
29 The following words and phrases when used in this subchapter
30 shall have the meanings given to them in this section unless the
19950S0689B2340 - 28 -
1 context clearly indicates otherwise:
2 "Commission." The Pennsylvania Historical and Museum
3 Commission.
4 "Committee." The Local Government Records Committee.
5 "Public records." Any papers, books, maps, photographs or
6 other documentary materials, regardless of physical form or
7 characteristics, made or received by an entity under law or in
8 connection with the exercise of its powers and the discharge of
9 its duties.
10 § 1383. Disposition of public records.
11 Public records, archives or printed public documents, whether
12 or not in current use, in the custody of any person or office
13 shall be destroyed, sold or otherwise disposed of if the
14 disposition is in conformity with schedules and regulations
15 which are promulgated by the committee as established by section
16 1385 (relating to Local Government Records Committee).
17 § 1384. Proposed retention and disposal schedules.
18 The commission, in cooperation with the several associations
19 of municipal officials and related Commonwealth agencies, shall
20 make a study of public records and shall prepare proposed
21 retention and disposal schedules for submission to the committee
22 for its approval and advise each of them of all applicable
23 operative schedules. No such schedule shall be operative unless
24 approved by the committee.
25 § 1385. Local Government Records Committee.
26 (a) Establishment.--There shall be established under the
27 commission the Local Government Records Committee which shall
28 consist of the Auditor General, the State Treasurer, the General
29 Counsel, the Executive Director of the Historical and Museum
30 Commission, the Secretary of Community Affairs and five other
19950S0689B2340 - 29 -
1 members to be appointed by the Governor to represent each of the
2 following municipal associations: the League of Cities, the
3 State Association of Boroughs, the State Association of Township
4 Commissioners, the State Association of Township Supervisors and
5 the Municipal Authorities' Association. Each ex officio member
6 of the committee may designate in writing a representative to
7 act in place of the member. The Secretary of Community Affairs
8 shall serve as chairman and the executive director of the
9 commission shall serve as secretary. Meetings of the committee
10 shall be at the call of the chairman.
11 (b) Powers and duties.--The committee shall have the powers
12 and duties vested in and imposed upon it by this subchapter and
13 shall promulgate regulations not inconsistent with law necessary
14 to adequately effectuate its powers and duties.
15 § 1386. Effect of approval of schedule.
16 Whenever a schedule is approved by the committee, a copy
17 shall be filed with the commission which shall, through
18 appropriate means, notify the entities that the schedule has
19 been approved. Upon such notification, the schedule becomes
20 effective and may be acted upon by them until superseded by a
21 subsequent duly approved schedule. Each entity shall declare its
22 intent to follow the schedule by ordinance or resolution. Each
23 individual act of disposition shall be approved by resolution of
24 the governing body.
25 § 1387. Nonliability of official.
26 An official shall not be held liable on his official bond for
27 damages for loss or in any other manner, civil or criminal,
28 because of the disposition of public records pursuant to the
29 provisions of this subchapter.
30 § 1388. Destruction of original records.
19950S0689B2340 - 30 -
1 (a) Destruction authorized.--Whenever any officer,
2 commission or agency has photographed, microphotographed or
3 microfilmed any public record with the approval of and in
4 conformance with standards established by the committee, the
5 original record may be destroyed, provided written consent is
6 given to the destruction or other disposition.
7 (b) Evidence of records.--Upon destruction or other
8 disposition of any public records under this section, the
9 photograph, microphotograph or microfilm, or a certified copy
10 thereof, shall be receivable in evidence in any court or
11 proceeding and shall have the same force and effect as though
12 the original public record had been produced and proved.
13 § 1389. Applicability of other statutes.
14 This subchapter is intended as a supplement to existing
15 statutes. The existing statutes which provide for destruction
16 may be utilized by officials in lieu of compliance with this
17 subchapter. Nothing in this subchapter shall prevent officials
18 from retaining records longer than the periods which may be
19 provided in schedules approved by the committee.
20 SUBPART C
21 EXECUTIVE DEPARTMENTS, OFFICERS AND EMPLOYEES
22 Chapter
23 21. Employees
24 CHAPTER 21
25 EMPLOYEES
26 Subchapter
27 A. through C. (Reserved)
28 D. Municipal Police Education and Training
29 SUBCHAPTERS A THROUGH C (RESERVED)
30 SUBCHAPTER D
19950S0689B2340 - 31 -
1 MUNICIPAL POLICE EDUCATION AND TRAINING
2 Sec.
3 2161. Establishment of program and scope of subchapter.
4 2162. Definitions.
5 2163. Commission members.
6 2164. Powers and duties of commission.
7 2165. Meetings and quorum of commission.
8 2166. Applicability to civil service laws.
9 2167. Police training.
10 2168. Automatic certification.
11 2169. In-service training by existing personnel.
12 2170. Reimbursement of expenses.
13 2171. Payment of certain county costs.
14 § 2161. Establishment of program and scope of subchapter.
15 (a) Municipal police officers' education and training
16 program.--The commission shall establish a municipal police
17 officers' education and training program in accordance with the
18 provisions of this subchapter. The administration of this
19 program shall be the responsibility of the Pennsylvania State
20 Police.
21 (b) Scope of subchapter.--This subchapter applies to all
22 municipalities.
23 § 2162. Definitions.
24 The following words and phrases when used in this subchapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Certification." The assignment of a certification number to
28 a police officer after successful completion of a mandatory
29 basic training course or receipt of a waiver of basic training
30 from the commission and successful completion of mandatory in-
19950S0689B2340 - 32 -
1 service training. Certification is for a period of two years.
2 "College." A college which has a campus police department,
3 as used in section 2416 of the act of April 9, 1929 (P.L.177,
4 No.175), known as The Administrative Code of 1929, certified by
5 the Office of Attorney General as a criminal justice agency
6 under the definition of "criminal justice agency" in 18 Pa.C.S.
7 § 9102 (relating to definitions). The term does not include the
8 State System of Higher Education and its members institutions.
9 "Commission." The Municipal Police Officers' Education and
10 Training Commission.
11 "Commissioner." The Commissioner of the Pennsylvania State
12 Police.
13 "Police department." Any of the following:
14 (1) A public agency of a political subdivision having
15 general police powers and charged with making arrests in
16 connection with the enforcement of the criminal or traffic
17 laws. This paragraph does not include INCLUDES the sheriff's <--
18 office in a county of the second class.
19 (2) A campus police or university police department, as
20 used in section 2416 of the act of April 9, 1929 (P.L.177,
21 No.175), known as The Administrative Code of 1929, certified
22 by the Office of Attorney General as a criminal justice
23 agency under the definition of "criminal justice agency" in
24 18 Pa.C.S. § 9102 (relating to definitions). This paragraph
25 does not include a campus police or university police
26 department of the State System of Higher Education and its
27 member institutions.
28 "Police officer." Any full-time or part-time employee of a
29 city, borough, town, township, campus police or university
30 police or county police department assigned to criminal or
19950S0689B2340 - 33 -
1 traffic law enforcement duties; any deputy sheriff of a county
2 of the second class; and, for the purpose of training only,
3 security officers of a first class city housing authority. The
4 term excludes persons employed to check parking meters or to
5 perform only administrative duties and auxiliary and fire
6 police.
7 "School." A training school or academy which provides a
8 basic police training course within the functional organization
9 of a police department or departments or any educational
10 facility in this Commonwealth.
11 "University." A university which has a campus police
12 department, as used in section 2416 of the act of April 9, 1929
13 (P.L.177, No.175), known as The Administrative Code of 1929,
14 certified by the Office of Attorney General as a criminal
15 justice agency under the definition of "criminal justice agency"
16 in 18 Pa.C.S. § 9102 (relating to definitions). The term does
17 not include the State System of Higher Education and its members
18 institutions.
19 § 2163. Commission members.
20 (a) Selection.--The commission shall be composed of 20
21 members as follows:
22 (1) The following members shall serve by virtue of their
23 office:
24 (i) The Commissioner of the Pennsylvania State
25 Police who shall serve as chairman of the commission.
26 (ii) The Secretary of Community Affairs.
27 (iii) The Attorney General.
28 (iv) The police commissioner of a city of the first
29 class or his designee.
30 (2) The following members shall be appointed by the
19950S0689B2340 - 34 -
1 President pro tempore of the Senate and the Speaker of the
2 House of Representatives:
3 (i) A member of the Senate.
4 (ii) A member of the House of Representatives.
5 (3) The following members shall be appointed by the
6 Governor.
7 (i) A borough official, a first class township
8 official, a second class township official and a city
9 official.
10 (ii) Four incumbent chiefs of police from the
11 various municipalities of this Commonwealth, at least one
12 to be a chief of a borough police department, at least
13 one to be a chief of a township police department and at
14 least one to be a chief of a city police department.
15 (iii) One Federal Bureau of Investigation special
16 agent-in-charge.
17 (iv) One educator qualified in the field of law
18 enforcement.
19 (v) One member representing the public at large.
20 (vi) Two noncommissioned police officers.
21 (vii) A director of one of the certified training
22 schools.
23 (b) Terms of office.--All members of the commission
24 appointed by the Governor shall serve for a period of three
25 years. Any member of the commission, immediately upon
26 termination of holding the position by virtue of which the
27 member was eligible for membership or appointed as a member of
28 the commission, shall cease to be a member of the commission.
29 (c) Vacancies.--A member appointed to fill a vacancy not
30 created by the expiration of a term shall be appointed for the
19950S0689B2340 - 35 -
1 unexpired term of the member whom he is to succeed in the same
2 manner as the original appointment.
3 (d) Compensation and expenses.--The members of the
4 commission shall serve without compensation but shall be
5 reimbursed the necessary and actual expenses incurred in
6 attending the meetings of the commission and in the performance
7 of their duties under this subchapter.
8 (e) Removal from office.--Members of the commission may be
9 removed by the Governor for cause after written notice from the
10 Governor.
11 (f) Affiliation.--The designated public member may not at
12 any time have been a police officer or have been affiliated with
13 a police department or training school.
14 § 2164. Powers and duties of commission.
15 The powers and duties of the commission shall be as follows:
16 (1) To establish and administer the minimum courses of
17 study for basic and in-service training for police officers
18 and to revoke an officer's certification when an officer
19 fails to comply with the basic and in-service training
20 requirements or is convicted of a criminal offense or the
21 commission determines that the officer is physically or
22 mentally unfit to perform the duties of his office.
23 (2) To approve or revoke the approval of any school
24 which may be utilized to comply with the educational and
25 training requirements as established by the commission.
26 (3) To establish the minimum qualifications for
27 instructors, to approve or revoke the approval of any
28 instructor and to develop the requirements for continued
29 certification.
30 (4) To promote the most efficient and economical program
19950S0689B2340 - 36 -
1 for police training by utilizing existing facilities,
2 programs and qualified Federal, State and local police
3 personnel.
4 (5) To make an annual report to the Governor and to the
5 General Assembly concerning the administration of the
6 Municipal Police Officers' Education and Training Program and
7 the activities of the commission, together with
8 recommendations for executive or legislative action necessary
9 for the improvement of law enforcement and the administration
10 of justice.
11 (6) To require every police officer to attend a minimum
12 number of hours of in-service training as provided for by
13 regulation, unless the officer's employer files a show cause
14 document with the commission requesting additional time for
15 the officer to comply with the in-service training
16 requirements. Approval of this request shall be made by the
17 commission on a case-by-case basis.
18 (7) To require all police officers to undergo a
19 background investigation to determine the individual's
20 suitability for employment as a police officer. This
21 investigation shall be completed prior to the employment of
22 the officer and shall include a criminal history check, a
23 credit check, personal interviews and any other applicable
24 means of determining eligibility. An applicant who has been
25 convicted of a felony or serious misdemeanor shall not be
26 eligible for employment as a police officer.
27 (8) To require minimum standards for physical fitness,
28 psychological evaluation and education as prerequisites to
29 employment as a police officer.
30 (9) To appoint an executive director to administer the
19950S0689B2340 - 37 -
1 training program established by this subchapter. The position
2 of executive director shall be filled by the commission which
3 shall select the best qualified person from a list of three
4 persons nominated by the chairman. The person who receives a
5 simple majority of those members present and voting shall
6 become the executive director. If the commission rejects all
7 nominees, then the process shall be repeated until a person
8 is selected. The executive director shall be directly
9 responsible to the commission and may be dismissed only by
10 two-thirds vote of the commission. The executive director
11 shall employ a sufficient staff, including professional,
12 administrative and clerical personnel, to perform the tasks
13 of the office, including the preparation of an annual budget.
14 (10) To consult and cooperate with universities,
15 colleges, community colleges and institutes for the
16 development of specialized courses for police officers.
17 (11) To consult and cooperate with departments and
18 agencies of this Commonwealth and other states and the
19 Federal Government concerned with police training.
20 (12) To certify police officers who have satisfactorily
21 completed basic educational and training requirements as
22 established by the commission and to issue appropriate
23 certificates to those police officers.
24 (13) To visit and inspect approved schools at least once
25 a year.
26 (14) To make such rules and regulations and to perform
27 such other duties as may be reasonably necessary or
28 appropriate to implement the education and training program
29 for police officers.
30 (15) To grant waivers of mandatory basic training to
19950S0689B2340 - 38 -
1 police officers who have successfully completed previous
2 equivalent training or who have acceptable full-time police
3 experience, or both.
4 § 2165. Meetings and quorum of commission.
5 The commission shall meet at least four times each year.
6 Special meetings may be called by the chairman of the commission
7 or upon written request of five members. A quorum shall consist
8 of 11 members.
9 § 2166. Applicability to civil service laws.
10 This subchapter shall not be construed to exempt any police
11 officer or other officer or employee from the provisions of the
12 existing civil service or tenure laws.
13 § 2167. Police training.
14 (a) General rule.--All municipalities of this Commonwealth
15 or groups of municipalities acting in concert and all colleges
16 and universities shall be required to train all members of their
17 police departments pursuant to this subchapter prior to their
18 enforcing criminal laws, enforcing moving traffic violations
19 under Title 75 (relating to vehicles) or being authorized to
20 carry a firearm.
21 (b) Ineligibility for compensation.--Any person hired as a
22 police officer by any municipality or group of municipalities
23 acting in concert or by any college or university shall be
24 ineligible to receive any salary, compensation or other
25 consideration for the performance of duties as a police officer
26 unless the person has met all of the requirements as established
27 by the commission and has been duly certified as having met
28 those requirements by the commission.
29 (c) Penalty.--Any official of any municipality or of any
30 college or university who orders, authorizes or pays as salary
19950S0689B2340 - 39 -
1 to a person in violation of the provisions of this subchapter
2 commits a summary offense and shall, upon conviction, be
3 sentenced to pay a fine of $100 or be imprisoned for a term not
4 to exceed a period of 30 days. The commission may stop payment
5 of all funds paid or payable to municipalities under this
6 subchapter for any violation of this subchapter. It shall notify
7 the State Treasurer to discontinue disbursement of any State
8 funds until a municipality is in compliance with this
9 subchapter.
10 § 2168. Automatic certification.
11 (a) General rule.--All police officers, including deputy
12 sheriffs in counties of the second class, hired prior to June
13 18, 1974, shall be automatically certified for basic training
14 but shall be required to complete the in-service training as set
15 forth in section 2164(7) (relating to powers and duties of
16 commission).
17 (b) Campus or university police.--Any campus or university
18 police officer who, as of the effective date of this subsection,
19 has successfully completed a basic training course similar to
20 that required under this subchapter shall, after review by the
21 commission, be certified as having met the basic training
22 requirements of this subchapter. Any campus or university police
23 officer who, as of the effective date of this subsection, has
24 not successfully completed a basic training course similar to
25 that required under this subchapter which qualifies the police
26 officer for certification under this subsection shall be able to
27 perform the duties of a campus or university police officer
28 until certified by the commission, but no longer than one year
29 from the effective date of this subsection.
30 (c) Deputy sheriffs in counties of the second class.--Deputy
19950S0689B2340 - 40 -
1 sheriffs in counties of the second class who have successfully
2 completed the basic training course under this subchapter prior
3 to the effective date of this subsection shall be assigned a
4 certification number under this subchapter.
5 § 2169. In-service training by existing personnel.
6 The requirements of section 2164(7) (relating to powers and
7 duties of commission) shall apply to every police officer.
8 § 2170. Reimbursement of expenses.
9 (a) General rule.--The commission shall provide for
10 reimbursement to each municipality of the entire amount of the
11 allowable tuition and the ordinary and necessary living and
12 travel expenses incurred by their police officers while
13 attending certified municipal police basic training schools if
14 the municipality adheres to the training standards established
15 by the commission. The regular salary of police officers while
16 attending approved schools shall be paid by the employing
17 municipality. The commission shall reimburse the employing
18 municipality for 60% of the regular salaries of police officers
19 while attending schools approved under this subchapter. The
20 commission shall require written documentation of all expenses
21 incurred by municipalities relating to the training of municipal
22 police officers for the purposes of reimbursement by the
23 commission. All municipalities shall annually audit these funds
24 as part of their annual audit and submit a copy of the audit to
25 the commission. Failure to perform the audit and submit a copy
26 of it to the commission shall render the municipality in
27 violation of this subchapter.
28 (b) Grants for training other police.--The commission may
29 approve in-service training grants for actual expenses incurred
30 by municipalities for the providing for nonmandatory training
19950S0689B2340 - 41 -
1 programs to police officers in accordance with this subchapter.
2 (c) Application for funding.--All municipalities of this
3 Commonwealth or groups of municipalities acting in concert may
4 make application to the commission for funding pursuant to the
5 provisions of this subchapter. The application shall be
6 accompanied by a certified copy of a resolution adopted by its
7 governing body. The resolution shall provide that, while
8 receiving any State funds pursuant to this subchapter, the
9 municipality agrees to adhere to the standards for training
10 established by the commission. The application shall contain any
11 information that the commission requests.
12 (d) Subsequent employment with another municipality.--If a
13 police officer, within two years following certification,
14 terminates his employment with the municipality by which the
15 officer was employed at the time he was certified as having met
16 the commission's requirement and subsequently obtains employment
17 as a police officer with another municipality, the municipality <--
18 which employs the previously certified police officer shall
19 reimburse the municipality which formerly employed the police
20 officer for the nonreimbursable portion of the salary paid to
21 the police officer while complying with the provisions of this
22 subchapter.
23 (e) Payment of mandatory in-service training.--The
24 commission may pay for the cost of mandatory in-service training
25 for all police officers to the extent determined by the
26 commission. However, a college or university shall not be
27 eligible for reimbursement of any expense under this section
28 incurred during campus or university police officer training.
29 Section 2171. Payment of certain county costs.
30 Counties of the second class shall be liable for costs
19950S0689B2340 - 42 -
1 incurred for the certification of deputy sheriffs. The costs
2 shall not exceed the sum per police officer assessed against
3 municipalities.
4 SUBPART D
5 AREA GOVERNMENT AND INTERGOVERNMENTAL COOPERATION
6 Chapter
7 23. General Provisions
8 25. Environmental Improvement Compacts
9 CHAPTER 23
10 GENERAL PROVISIONS
11 Subchapter
12 A. Intergovernmental Cooperation
13 B. Environmental Advisory Councils
14 C. Regional Planning
15 SUBCHAPTER A
16 INTERGOVERNMENTAL COOPERATION
17 Sec.
18 2301. Scope of subchapter.
19 2302. Definitions.
20 2303. Intergovernmental cooperation authorized.
21 2304. Intergovernmental cooperation.
22 2305. Ordinance.
23 2306. Initiative and referendum.
24 2307. Content of ordinance.
25 2308. Bids for certain joint purchases.
26 2309. Direct purchases.
27 2310. Joint purchases with private educational
28 establishments.
29 2311. Written or telephonic price quotations required.
30 2312. Division of transactions provided.
19950S0689B2340 - 43 -
1 2313. Penalty.
2 2314. Review of agreement by Local Government Commission.
3 2315. Effect of joint cooperation agreements.
4 § 2301. Scope of subchapter.
5 This subchapter applies to all local governments.
6 § 2302. Definitions.
7 The following words and phrases when used in this subchapter
8 shall have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Local government." A county, city of the second class,
11 second class A and third class, borough, incorporated town,
12 township, school district or any other similar general purpose
13 unit of government created by the General Assembly after July
14 12, 1972.
15 § 2303. Intergovernmental cooperation authorized.
16 (a) General rule.--Two or more local governments in this
17 Commonwealth may jointly cooperate, or any local government may
18 jointly cooperate with any similar entities located in any other
19 state, in the exercise or in the performance of their respective
20 governmental functions, powers or responsibilities.
21 (b) Joint agreements.--For the purpose of carrying the
22 provisions of this subchapter into effect, the local governments
23 or other entities so cooperating shall enter into any joint
24 agreements as may be deemed appropriate for those purposes.
25 § 2304. Intergovernmental cooperation.
26 A municipality by act of its governing body may, or upon
27 being required by initiative and referendum in the area affected
28 shall, cooperate or agree in the exercise of any function, power
29 or responsibility with, or delegate or transfer any function,
30 power or responsibility to, one or more other local governments,
19950S0689B2340 - 44 -
1 the Federal Government or any other state or its government.
2 § 2305. Ordinance.
3 A local government may enter into intergovernmental
4 cooperation with or delegate any functions, powers or
5 responsibilities to another governmental unit or local
6 government upon the passage of an ordinance by its governing
7 body. If mandated by initiative and referendum in the area
8 affected, the local government shall adopt such an ordinance.
9 § 2306. Initiative and referendum.
10 (a) Initiative.--An initiative under this subchapter shall
11 be commenced by filing with the appropriate election officials
12 at least 90 days prior to the next primary or general election a
13 petition containing a proposal for referendum signed by electors
14 comprising 5% of the number of electors voting for the office of
15 Governor in the last gubernatorial election in each local
16 government or area affected. The applicable election officials
17 shall place the proposal on the ballot in a manner fairly
18 representing the content of the petition for decision by
19 referendum at the election. Initiative on a similar question
20 shall not be submitted more often than once in five years.
21 (b) Referendum.--The question shall be placed on the ballot
22 as a referendum and shall become effective by a majority vote of
23 the electors voting thereon.
24 § 2307. Content of ordinance.
25 The ordinance adopted by the governing body of a local
26 government entering into intergovernmental cooperation or
27 delegating or transferring any functions, powers or
28 responsibilities to another local government or to a council of
29 governments, consortium or any other similar entity shall
30 specify:
19950S0689B2340 - 45 -
1 (1) The conditions of agreement in the case of
2 cooperation with or delegation to other local governments,
3 the Commonwealth, other states or the Federal Government.
4 (2) The duration of the term of the agreement.
5 (3) The purpose and objectives of the agreement,
6 including the powers and scope of authority delegated in the
7 agreement.
8 (4) The manner and extent of financing the agreement.
9 (5) The organizational structure necessary to implement
10 the agreement.
11 (6) The manner in which real or personal property shall
12 be acquired, managed, licensed or disposed of.
13 (7) That the entity created under this section shall be
14 empowered to enter into contracts for policies of group
15 insurance and employee benefits, including Social Security,
16 for its employees.
17 § 2308. Bids for certain joint purchases.
18 All joint purchases involving an expenditure of more than
19 $10,000 shall be made by contract, in writing, only after notice
20 for bids once a week for two weeks in at least one and not more
21 than two newspapers of general circulation in the joining local
22 governments. All contracts shall be let to the lowest
23 responsible bidder. Every contract for the construction,
24 reconstruction, alteration, repair, improvement or maintenance
25 of public works shall comply with the provisions of the act of
26 March 3, 1978 (P.L.6, No.3), known as the Steel Products
27 Procurement Act.
28 § 2309. Direct purchases.
29 In addition to joint purchases authorized by section 2308
30 (relating to bids for certain joint purchases), local
19950S0689B2340 - 46 -
1 governments may make direct purchases from vendors or suppliers
2 of goods, materials or equipment without compliance with
3 existing and otherwise applicable statutory requirements
4 governing competitive bidding and execution of contracts as
5 follows:
6 (1) Any county may by appropriate resolution, and
7 subject to such reasonable regulations as it may prescribe,
8 permit any local government within the county to participate
9 in or purchase off contracts for goods, materials or
10 equipment entered into by the county.
11 (2) Any local government desiring to participate in
12 purchase contracts shall file with the county purchasing
13 agency and with the county solicitor a certified copy of an
14 ordinance or resolution of its governing body requesting that
15 it be authorized to participate in purchase contracts of the
16 county and agreeing that it will be bound by the terms and
17 conditions as the county prescribes and that it will be
18 responsible for payment directly to the vendor under each
19 purchase contract.
20 (3) The county may permit participation by local
21 governments only where the solicitation for bids and
22 specifications for the county contracts, and the contracts
23 themselves, expressly provide for and inform prospective and
24 successful bidders that the contract to be let is intended to
25 be subject to this subchapter and to regulations adopted by
26 the county.
27 (4) Among the terms and conditions as the county may
28 specify, it shall prescribe that all prices shall be F.O.B.
29 destination.
30 § 2310. Joint purchases with private educational
19950S0689B2340 - 47 -
1 establishments.
2 Any local government may, by ordinance, authorize joint
3 purchases of materials, supplies and equipment with any private
4 school, parochial school, private college or university or
5 nonprofit human services agency within the local government. The
6 ordinance shall require that the school, college or agency shall
7 be bound by the terms and conditions of purchasing agreements
8 which the local government prescribes and that the school,
9 college or agency shall be responsible for payment directly to
10 the vendor under each purchase contract. Schools, colleges and
11 agencies shall be exempt from any existing statutory
12 requirements governing competitive bidding and execution of
13 contracts with respect to purchases under this section.
14 § 2311. Written or telephonic price quotations required.
15 Written or telephonic price quotations from at least three
16 qualified and responsible contractors shall be requested for all
17 contracts that exceed $4,000 but are less than the amount
18 requiring advertisement and competitive bidding or, in lieu of
19 price quotations, a memorandum shall be kept on file showing
20 that fewer than three qualified contractors exist in the market
21 area within which it is practicable to obtain quotations. A
22 written record of telephonic price quotations shall be made and
23 shall contain at least the date of the quotation, the name of
24 the contractor and the contractor's representative, the
25 construction, reconstruction, repair, maintenance or work which
26 was the subject of the quotation and the price, written price
27 quotations, written records of telephonic price quotations and
28 memoranda shall be retained for a period of three years.
29 § 2312. Division of transactions provided.
30 No local government shall evade the provisions of section
19950S0689B2340 - 48 -
1 2308 (relating to bids for certain joint purchases) as to
2 advertising for bids or purchasing materials or contracting for
3 services piece-meal, for the purpose of obtaining prices under
4 $10,000 upon transactions which should in the exercise of
5 reasonable discretion and prudence be conducted as one
6 transaction amounting to more than $10,000. This provision is
7 intended to make unlawful the practice of evading advertising
8 requirements by making a series of purchases or contracts each
9 for less than the advertising requirement price, or by making
10 several simultaneous purchases or contracts each below such
11 price, when in either case the transaction involved should have
12 been made as one transaction for one price.
13 § 2313. Penalty.
14 Any member of a governing body of a local government who
15 votes to unlawfully evade the provisions of section 2308
16 (relating to bids for certain joint purchases) and who knows
17 that the transaction upon which he so votes is or ought to be a
18 part of a larger transaction and that it is being divided in
19 order to evade the requirements as to advertising for bids,
20 commits a misdemeanor of the third degree for each contract
21 entered into as a direct result of that vote.
22 § 2314. Review of agreement by Local Government Commission.
23 Every agreement between a local government and the
24 Commonwealth, any other state, government of another state or
25 the Federal Government under the provisions of this subchapter
26 shall, prior to and as a condition precedent to enactment of an
27 ordinance, be submitted to the Local Government Commission for
28 review and recommendation. The commission shall within 60 days
29 of receipt of the agreement determine whether it is in proper
30 form and compatible with the laws of this Commonwealth. Failure
19950S0689B2340 - 49 -
1 of the commission to make recommendations within 60 days of
2 receipt of the agreement shall constitute a recommendation in
3 favor of the agreement.
4 § 2315. Effect of joint cooperation agreements.
5 Any joint cooperation agreement shall be deemed in force as
6 to any local government when the agreement has been adopted by
7 ordinance by all cooperating local governments. After adoption
8 by all cooperating local governments, the agreement shall be
9 binding upon the local government, and its covenants may be
10 enforced by appropriate remedy by any one or more of the local
11 governments against any other local government which is a party
12 to the agreement.
13 SUBCHAPTER B
14 ENVIRONMENTAL ADVISORY COUNCILS
15 Sec.
16 2321. Scope of subchapter.
17 2322. Establishment of Environmental Advisory Council.
18 2323. Composition and organization of council.
19 2324. Powers and duties of council.
20 2325. Records and reports.
21 2326. Appropriations for expenses of council.
22 2327. Status of existing agencies unaffected.
23 2328. Assistance from Department of Environmental Resources.
24 2329. Assistance from Department of Community Affairs.
25 § 2321. Scope of subchapter.
26 This subchapter applies to all municipal corporations.
27 § 2322. Establishment of Environmental Advisory Council.
28 The governing body of any municipal corporation, or group of
29 two or more municipal corporations, may by ordinance establish
30 an environmental advisory council to advise other local
19950S0689B2340 - 50 -
1 governmental agencies, including, but not limited to, the
2 planning commission, park and recreation boards and elected
3 officials, on matters dealing with protection, conservation,
4 management, promotion and use of natural resources, including
5 air, land and water resources, located within its or their
6 territorial limits.
7 § 2323. Composition and organization of council.
8 (a) Composition.--An environmental advisory council shall be
9 composed of no less than three nor more than seven residents of
10 the municipal corporation establishing the council, who shall be
11 appointed and all vacancies filled by the governing body. Where
12 two or more municipal corporations jointly establish an
13 environmental advisory council, the members shall be appointed
14 in the same manner by each of the respective municipal
15 corporations establishing the council, each constituent
16 municipal corporation to have equal membership on the joint
17 council.
18 (b) Term of office.--Council members shall serve for three
19 years except that initial appointments shall be so staggered
20 that the terms of approximately one-third of the membership
21 shall expire each year, the terms of their successors to be of
22 three years each.
23 (c) Compensation and expenses.--Members shall receive no
24 compensation for their services, but shall be reimbursed for the
25 expenses actually and necessarily incurred by them in the
26 performance of their duties.
27 (d) Chairman.--The appointing authority shall designate the
28 chairman of the council except that in joint councils the
29 chairman shall be elected by the duly selected members. Whenever
30 possible, one member shall also be a member of the municipal
19950S0689B2340 - 51 -
1 planning board.
2 § 2324. Powers and duties of council.
3 (a) General rule.--An environmental advisory council shall
4 have the power to:
5 (1) Identify environmental problems and recommend plans
6 and programs to the appropriate agencies for the promotion
7 and conservation of the natural resources and for the
8 protection and improvement of the quality of the environment
9 within its territorial limits.
10 (2) Make recommendations as to the possible use of open
11 land areas of the municipal corporations within its
12 territorial limits.
13 (3) Promote a community environmental program.
14 (4) Keep an index of all open areas, publicly or
15 privately owned, including flood-prone areas, swamps and
16 other unique natural areas, for the purpose of obtaining
17 information on the proper use of those areas.
18 (5) Advise the appropriate local government agencies,
19 including the planning commission and recreation and park
20 board or, if none, the elected governing body or bodies
21 within its territorial limits, in the acquisition of both
22 real and personal property by gift, purchase, grant, bequest,
23 easement, devise or lease, in matters dealing with the
24 purposes of this subchapter.
25 (b) Limitation.--An environmental advisory council shall not
26 exercise any powers or perform any duties which by law are
27 conferred or imposed upon a Commonwealth agency.
28 § 2325. Records and reports.
29 An environmental advisory council shall keep records of its
30 meetings and activities and shall make an annual report which
19950S0689B2340 - 52 -
1 shall be printed in the annual report of the municipal
2 corporation or, if none, otherwise made known and available.
3 § 2326. Appropriations for expenses of council.
4 The governing body of any municipal corporation establishing
5 an environmental advisory council may appropriate funds for the
6 expenses incurred by the council. Appropriations may be expended
7 for those administrative, clerical, printing and legal services
8 as may be required and as shall be within the limit of funds
9 appropriated to the council. The whole or any part of any funds
10 so appropriated in any year may be placed in a conservation fund
11 and allowed to accumulate from year to year or may be expended
12 in any year.
13 § 2327. Status of existing agencies unaffected.
14 This subchapter shall not be construed to require a municipal
15 corporation to abolish an existing commission with a related
16 responsibility or to prevent its establishment.
17 § 2328. Assistance from Department of Environmental Resources.
18 The State Conservation Commission in the Department of
19 Environmental Resources shall establish a program of assistance
20 to environmental advisory councils that may include educational
21 services, exchange of information, assignment of technical
22 personnel for natural resources planning assistance and the
23 coordination of State and local conservation activities.
24 § 2329. Assistance from Department of Community Affairs.
25 The Department of Community Affairs shall establish a program
26 of assistance to environmental advisory councils in planning for
27 the management, use and development of open space and recreation
28 areas.
29 SUBCHAPTER C
30 REGIONAL PLANNING
19950S0689B2340 - 53 -
1 Sec.
2 2341. Short title and scope of subchapter.
3 2342. Definitions.
4 2343. Declaration of policy.
5 2344. Establishment and organization of regional planning
6 commission.
7 2345. Finances, staff and program.
8 2346. Commission to prepare master plan.
9 2347. Cooperation between commission, municipalities and
10 others.
11 2348. Interstate participation.
12 § 2341. Short title and scope of subchapter.
13 (a) Short title of subchapter.--This subchapter shall be
14 known and may be cited as the Regional Planning Law.
15 (b) Scope of subchapter.--This subchapter applies to all
16 municipalities; but it shall not operate as a reenactment of any
17 provisions repealed by section 1202 of the act of July 31, 1968
18 (P.L.805, No.247), known as the Pennsylvania Municipalities
19 Planning Code.
20 § 2342. Definitions.
21 The following words and phrases when used in this subchapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Commission." A regional planning commission created in
25 accordance with the terms of this subchapter.
26 "Governing body." The body or board authorized by law to
27 enact ordinances or adopt resolutions for the municipality.
28 "Region." An area comprised of two or more municipalities
29 which have joined in creating a regional planning commission.
30 § 2343. Declaration of policy.
19950S0689B2340 - 54 -
1 For the purpose of promoting health, safety, morals and the
2 general welfare of the regions in this Commonwealth, through
3 effective development, the powers set forth in this subchapter
4 for the establishment of regional planning commissions are
5 granted.
6 § 2344. Establishment and organization of regional planning
7 commission.
8 (a) General rule.--The governing body of two or more
9 municipalities may, by ordinance or resolution, authorize the
10 establishment or membership in and support of a regional
11 planning commission. The number and qualifications of the
12 members of any commission and their terms and method of
13 appointment or removal shall be determined and agreed upon by
14 the governing bodies. A majority of the members of the
15 commission shall at the time of appointment to the commission
16 and throughout the duration of their service on the commission
17 be locally elected officials. Members of the commission shall
18 serve without salary but may be paid expenses incurred in the
19 performance of their duties. The commission shall elect a
20 chairman whose term shall not exceed one year and who shall be
21 eligible for reelection. The commission may create and fill
22 other offices as it may determine.
23 (b) Rules and records.--The commission shall adopt rules for
24 the transaction of business and shall keep a record of its
25 resolutions, transactions, findings and determinations, which
26 shall be a public record.
27 (c) Assistance from municipality.--Any municipality may,
28 upon the request of the commission, assign or detail to the
29 commission any employees of a municipality to make special
30 surveys or studies requested by the commission.
19950S0689B2340 - 55 -
1 § 2345. Finances, staff and program.
2 (a) General rule.--The governing bodies of municipalities
3 may appropriate funds for the purpose of contributing to the
4 operation of the commission. The commission may, with the
5 consent of all the governing bodies, also receive grants from
6 the Federal or State governments or from individuals or
7 foundations, and shall have the authority to contract therewith.
8 The commission may appoint such employees and staff as it deems
9 necessary for its work and contract with planners and other
10 consultants for the services it may require. The commission may
11 also perform planning services for any municipality which is not
12 a member thereof and may charge fees for the work. The
13 commission may also prepare and sell maps, reports, bulletins or
14 other material and establish reasonable charges therefor.
15 (b) Planning assistance.--The commission may provide
16 planning assistance and do planning work, including surveys,
17 land use studies, urban renewal plans, technical services and
18 other elements of comprehensive planning programs, for any
19 municipalities within the region. For this purpose, the
20 commission may, with the consent of all the governing bodies,
21 accept any funds, personnel or other assistance made available
22 by the Federal or State government or from individuals or
23 foundations and, for the purposes of receiving and using Federal
24 or State planning grants for provision of urban planning
25 assistance, the commission may enter into contracts regarding
26 the acceptance or use of the funds or assistance.
27 § 2346. Commission to prepare master plan.
28 The commission shall prepare a master plan, and the surveys
29 and studies essential thereto, for the guidance of the physical
30 development of the region.
19950S0689B2340 - 56 -
1 § 2347. Cooperation between commission, municipalities and
2 others.
3 The commission shall encourage the cooperation of the
4 municipalities within the region in matters which concern the
5 integrity of the master plan or maps prepared by the commission
6 and, as an aid toward coordination, all municipalities and
7 public officials shall, upon request, furnish the commission
8 within a reasonable time the available maps, plans, reports and
9 statistical or other information it may require for its work.
10 § 2348. Interstate participation.
11 Whenever a regional planning commission has been or is being
12 established to serve the Pennsylvania portion of an area which,
13 for planning purposes, constitutes a logical region as approved
14 by the State Planning Board and which extends beyond the
15 boundaries of this Commonwealth, the commission may admit to
16 membership municipalities that are part of the same region but
17 located in other states. Municipalities may participate, through
18 membership and financial support, in commissions that have been
19 or are being established in other states when the municipalities
20 are part of the same region served by the out-of-State
21 commission.
22 CHAPTER 25
23 ENVIRONMENTAL IMPROVEMENT COMPACTS
24 Subchapter
25 A. Preliminary Provisions
26 B. Initiative
27 C. Municipal Referendum Ordinance
28 D. Referendum
29 E. Election of Board
30 F. Organization of Board
19950S0689B2340 - 57 -
1 SUBCHAPTER A
2 PRELIMINARY PROVISIONS
3 Sec.
4 2501. Short title and scope of chapter.
5 2502. Definitions.
6 § 2501. Short title and scope of chapter.
7 (a) Short title of chapter.--This chapter shall be known and
8 may be cited as the Environmental Improvement Compact Act.
9 (b) Scope of chapter.--This chapter applies to all
10 municipalities.
11 § 2502. Definitions.
12 The following words and phrases when used in this chapter
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Board." The Environmental Improvement Compact Board elected
16 under this chapter.
17 "Election officials." The county boards of election, except
18 in Philadelphia where the term means the city commissioners.
19 "Electors." The registered voters of any municipality
20 involved in proceedings relating to the environmental
21 improvement compact.
22 "Environmental improvement compact." A structure of
23 government and powers concerning one or more municipal functions
24 involving two or more municipalities in this Commonwealth under
25 procedures provided in this chapter.
26 SUBCHAPTER B
27 INITIATIVE
28 Sec.
29 2511. Proposal by electors.
30 2512. Initiative petition.
19950S0689B2340 - 58 -
1 2513. Review of initiative petition.
2 2514. Petition as public record.
3 2515. Distribution of petition.
4 § 2511. Proposal by electors.
5 A referendum on the question of the creation of an
6 environmental improvement compact may be initiated by electors
7 of two or more municipalities as provided in this chapter.
8 § 2512. Initiative petition.
9 (a) Filing.--A petition containing a proposal for referendum
10 on the question of adopting an environmental improvement compact
11 on one or more municipal functions, signed by electors
12 comprising 2% of the number of electors voting for the office of
13 Governor in the last gubernatorial general election in each
14 municipality involved, may be filed with the election officials
15 at least 90 days prior to the next primary held in an even-
16 numbered year or general election.
17 (b) Size of board.--The petition shall designate a five,
18 seven or nine member board.
19 (c) Designation of petitioners.--The name and address of the
20 person filing the petition shall be clearly stated on the
21 petition.
22 § 2513. Review of initiative petition.
23 The election officials shall, within ten days after filing,
24 review the initiative petition as to the number and
25 qualifications of signers. If the petition appears to be
26 defective, the election officials shall immediately notify the
27 person filing the petition of the defect.
28 § 2514. Petition as public record.
29 The initiative petition as submitted to the election
30 officials along with the list of signatories shall be open to
19950S0689B2340 - 59 -
1 public inspection in the office of the election officials.
2 § 2515. Distribution of petition.
3 When the election officials find that the petition as
4 submitted is in proper order, they shall send copies of the
5 initiative petition without signatures thereon to the governing
6 body of the municipalities involved and to the Department of
7 Community Affairs.
8 SUBCHAPTER C
9 MUNICIPAL REFERENDUM ORDINANCE
10 Sec.
11 2521. Referendum ordinance.
12 2522. Filing of referendum ordinance.
13 2523. Notice to governing bodies of referendum date.
14 § 2521. Referendum ordinance.
15 The governing bodies of two or more municipalities may, by
16 ordinance in each municipality, provide for a referendum on the
17 question of adopting an environmental improvement compact. The
18 ordinance shall designate a five, seven or nine member board.
19 § 2522. Filing of referendum ordinance.
20 (a) Election officials.--The referendum ordinance shall be
21 filed with the election officials at least 90 days prior to the
22 next primary or general election.
23 (b) Department of Community Affairs.--When the ordinances
24 are filed with the election officials, copies of the referendum
25 ordinance shall be immediately filed with the Department of
26 Community Affairs.
27 § 2523. Notice to governing bodies of referendum date.
28 The election officials shall notify the governing bodies of
29 the municipalities involved of the date set for the referendum
30 election on the proposal at least 30 days before the election.
19950S0689B2340 - 60 -
1 SUBCHAPTER D
2 REFERENDUM
3 Sec.
4 2531. Referendum procedures.
5 2532. Placing question on ballot.
6 2533. Date of election.
7 2534. Public notice of referendum.
8 2535. Approval.
9 2536. Results of election.
10 § 2531. Referendum procedures.
11 (a) Authorization.--A referendum on the question of the
12 adoption of an environmental improvement compact shall be held
13 when initiated by electors of the municipalities in accordance
14 with Subchapter B (relating to initiative) or after
15 authorization by ordinance of the governing bodies of the
16 municipalities in accordance with Subchapter C (relating to
17 municipal referendum ordinance).
18 (b) Procedure.--The procedure for the referendum shall be
19 governed by the act of June 3, 1937 (P.L.1333, No.320), known as
20 the Pennsylvania Election Code.
21 § 2532. Placing question on ballot.
22 When the election officials find the ordinances authorized by
23 the governing bodies of the municipalities or the initiative
24 petition as submitted by the electors meets the requirements of
25 this chapter, they shall place the proposal on the ballot in a
26 manner fairly representing the content of the ordinances or of
27 the initiative petition for decision by referendum at the proper
28 election.
29 § 2533. Date of election.
30 The election officials shall certify the date for the
19950S0689B2340 - 61 -
1 referendum, and shall so notify the governing bodies of the
2 municipalities at least 30 days prior to that date.
3 § 2534. Public notice of referendum.
4 At least 30 days' notice of the referendum shall be given by
5 proclamation of the mayors of the cities, boroughs or
6 incorporated towns, by the chairmen of the boards of county
7 commissioners, by the presidents of the boards of township
8 commissioners or by the chairmen of the boards of township
9 supervisors, as the case may be. A copy of the proclamation
10 shall be posted at each polling place of the municipalities on
11 the day of the election and shall be published once in at least
12 one newspaper of general circulation in the municipalities
13 during the 30-day period prior to the election.
14 § 2535. Approval.
15 Approval of a referendum for the adoption of an environmental
16 improvement compact shall be by a majority vote of those voting
17 in each municipality involved.
18 § 2536. Results of election.
19 The election officials shall certify the results of the
20 referendum to the governing bodies and the Department of
21 Community Affairs.
22 SUBCHAPTER E
23 ELECTION OF BOARD
24 Sec.
25 2541. Election of board.
26 2542. Nomination of candidates.
27 2543. Election returns.
28 § 2541. Election of board.
29 (a) Petition for election.--If a referendum for the adoption
30 of an environmental improvement compact is approved by a
19950S0689B2340 - 62 -
1 majority of voters in each municipality involved, the governing
2 bodies shall, within 30 days of the certification of the results
3 of the referendum election, submit to the election officials a
4 petition to provide for the election of the board.
5 (b) Terms of office.--The majority of the members to be
6 elected to the first board receiving the highest number of votes
7 in the election shall serve for four-year terms, while the
8 remainder shall serve for two-year terms. Thereafter, all
9 candidates for the board shall have four-year terms.
10 (c) Election.--Members of the board shall be elected at the
11 next municipal election not less than 90 days from the date of
12 the referendum.
13 § 2542. Nomination of candidates.
14 Candidates for membership on the board shall be electors of
15 the municipalities involved. Each shall be nominated by
16 nomination papers signed by a number of electors in their
17 municipality or residence which is affected by the compact equal
18 to at least 2% of the largest vote cast for any elected officer
19 of the municipality elected at the last preceding municipal
20 election. Nomination shall be in the manner provided by and
21 subject to the provisions of the act of June 3, 1937 (P.L.1333,
22 No.320), known as the Pennsylvania Election Code, which relate
23 to the nomination of candidates nominated by nomination papers
24 filed by political bodies for other offices elected by the
25 voters of the municipality. Nomination papers shall not be
26 circulated prior to 30 days before the last day on which the
27 papers may be filed and shall be filed with the election
28 officials not less than 44 days prior to the date of the
29 election.
30 § 2543. Election returns.
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1 The result of the votes cast for members of the board at the
2 municipal election shall be returned by the election officials
3 to the governing bodies of municipalities involved and to the
4 Department of Community Affairs.
5 SUBCHAPTER F
6 ORGANIZATION OF BOARD
7 Sec.
8 2551. Membership of board.
9 2552. Compensation of board.
10 2553. Organization of board.
11 2554. Secretary and treasurer of board.
12 2555. Purposes and powers of board.
13 § 2551. Membership of board.
14 The board shall be composed of five, seven or nine members as
15 provided in Subchapter E (relating to election of board).
16 § 2552. Compensation of board.
17 A majority of all the members of the governing bodies of the
18 municipalities involved shall set the annual compensation for
19 the members of the board.
20 § 2553. Organization of board.
21 On the first Monday of January following the municipal
22 election, members of the board shall assemble at a designated
23 meeting place and shall organize by electing one of their own
24 members as chairman. This member shall preside at all meetings
25 and perform other duties as the board may prescribe. In the
26 absence of the chairman, the board shall elect a temporary
27 presiding officer. The board shall adopt rules for its procedure
28 and conduct of business. Any vacancy shall be filled by an
29 elector from the municipalities involved appointed by the
30 remaining members of the board.
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1 § 2554. Secretary and treasurer of board.
2 (a) Secretary.--The board shall appoint a secretary who
3 shall keep the records and minutes of the board proceedings,
4 maintain a record of other official activities and perform other
5 functions as required by law.
6 (b) Treasurer.--The board shall appoint a treasurer. The
7 treasurer shall collect or receive taxes, assessments and other
8 funds due the board.
9 § 2555. Purposes and powers of board.
10 (a) Status and purposes.--Every board created under this
11 chapter shall be a body corporate and politic and shall be for
12 the purpose of acquiring, holding, constructing, improving,
13 maintaining and operating, owning or leasing, either in the
14 capacity of lessor or lessee, for any government function of two
15 or more municipalities.
16 (b) Powers and duties.--The board shall have and may
17 exercise all powers necessary or convenient for the carrying out
18 of the purposes under subsection (a), including the following
19 powers and duties:
20 (1) Sue and be sued.
21 (2) Adopt, use and alter at will a seal of the board.
22 (3) Acquire, purchase, hold, lease as lessee and use any
23 franchise, property, real, personal or mixed, tangible or
24 intangible, or any interest therein necessary or desirable
25 for carrying out the purposes of the board, and sell, lease
26 as lessor, transfer and dispose of any property or interest
27 acquired by it.
28 (4) Acquire by purchase, lease or otherwise and
29 construct, improve, maintain, repair and operate projects.
30 (5) Make bylaws for the management and regulation of its
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1 affairs.
2 (6) Appoint officers, agents, employees and servants,
3 prescribe their duties and fix their compensation.
4 (7) Fix and collect taxes not to exceed two mills of
5 real estate within the municipalities involved and charge and
6 collect rates and other charges in the area served by its
7 facilities, at reasonable and uniform rates to be determined
8 by it, for the purpose of providing for the payment of the
9 expenses of the board, the construction, improvement, repair,
10 maintenance and operation of its facilities and properties
11 and the payment of the principal and interest on its
12 obligations and to fulfill the terms of any agreements made
13 with the holders of any such obligations or with
14 municipalities served or to be served by the board. Any
15 person questioning the reasonableness or uniformity of any
16 rate fixed by the board or the adequacy, safety and
17 reasonableness of the board's services may bring suit against
18 the board in the court of common pleas of the county where
19 the project is located. If the project is located in more
20 than one county, the suit may be brought in the court of
21 common pleas of the county where the principal office of the
22 project is located.
23 (8) Borrow money and make and issue negotiable notes,
24 bonds, refunding bonds and other evidences of indebtedness or
25 obligations of the board. These instruments shall have a
26 maturity date not longer than 30 years from the date of
27 issue, except that no refunding bonds shall have a maturity
28 date later than the life of the board. The board may secure
29 the payment of the instruments or any part of them by pledge
30 or deed of trust of all or any of its revenues and receipts
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1 and make agreements with the holders of these instruments, or
2 with others in connection with these instruments, whether
3 issued or to be issued, as the board deems advisable. The
4 board shall provide for the security for these instruments
5 and the rights of the holders of them, and in respect to any
6 project constructed and operated under agreement with any
7 board or any public authority of any adjoining state, and may
8 borrow money and issue notes, bonds and other evidences of
9 indebtedness and obligations jointly with any authority.
10 (9) Make contracts and execute all instruments necessary
11 or convenient for the carrying on of its powers and duties.
12 (10) Without limitation of the foregoing, borrow money
13 and accept grants from and enter into contracts, leases or
14 other transactions with any Federal agency or Commonwealth
15 municipality, school district, corporation or authority.
16 (11) Have the power of eminent domain, with the consent
17 of the county commissioners of the county where the land is
18 located and with the consent of council in cities of the
19 first class.
20 (12) Pledge, hypothecate or otherwise encumber all or
21 any of the revenues or receipts of the board as security for
22 the obligations of the board.
23 (13) Do all acts and things necessary or convenient for
24 the promotion of its business and the general welfare of the
25 board in order to carry out the powers granted to it by this
26 chapter or any other statutes.
27 (14) Enter into contracts of group insurance for the
28 benefit of its employees and set up a retirement or pension
29 fund for employees.
30 SUBPART E
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1 HOME RULE AND OPTIONAL PLAN GOVERNMENT
2 Chapter
3 29. General Provisions
4 30. Types of Optional Plans of Government
5 31. General Provisions Common to Optional Plans
6 CHAPTER 29
7 GENERAL PROVISIONS
8 Subchapter
9 A. Preliminary Provisions
10 B. Procedure for Adoption of Home Rule Charter or
11 Optional Plan of Government
12 C. Amendment of Existing Charter or Optional Plan
13 D. Conduct of Election
14 E. General Powers and Limitations of Home Rule Charter
15 Municipalities
16 F. General Provisions and Limitations for Optional Plan
17 Municipalities
18 G. Miscellaneous Provisions
19 SUBCHAPTER A
20 PRELIMINARY PROVISIONS
21 Sec.
22 2901. Short title and scope of subpart.
23 2902. Definitions.
24 § 2901. Short title and scope of subpart.
25 (a) Short title of subpart.--This subpart shall be known and
26 may be cited as the Home Rule Charter and Optional Plans Law.
27 (b) Scope of subpart.--This subpart applies to all
28 municipalities except cities of the first class and counties of
29 the first class.
30 § 2902. Definitions.
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1 Subject to additional definitions contained in subsequent
2 provisions of this subpart which are applicable to specific
3 provisions of this subpart, the following words and phrases when
4 used in this subpart shall have the meanings given to them in
5 this section unless the context clearly indicates otherwise:
6 "Council." County commissioner, city council, borough
7 council, town council, township commissioner in a township of
8 the first class and supervisor in a township of the second
9 class.
10 "Election officials." The county boards of elections.
11 "Electors." The registered voters of any municipality
12 involved in proceedings relating to the adoption and repeal of
13 optional forms of government.
14 "Governing body." Board of county commissioners, city
15 council, borough or incorporated town council, commissioners of
16 a township of the first class and supervisors of a township of
17 the second class or their successor forms of government.
18 "Government study commission" or "commission." The body
19 elected under the provisions of Subchapter B (relating to
20 procedure for adoption of home rule charter or optional plan of
21 government).
22 "Home rule charter." A written document defining the powers,
23 structure, privileges, rights and duties of the municipal
24 government and limitations thereon. The charter shall also
25 provide for the composition and election of the governing body,
26 which in all cases shall be chosen by popular elections.
27 "Local municipality." Municipal corporation except a city of
28 the first class.
29 "Nonresident." Any person or entity not a resident within
30 the meaning of this subpart.
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1 "Optional forms." Includes home rule charters and optional
2 plans.
3 "Optional plans." Optional municipal powers, procedures and
4 administrative structures as provided by this subpart.
5 "Rate of taxation." The amount of tax levied by a
6 municipality on a permissible subject of taxation.
7 "Resident." Any person or other entity living in or
8 maintaining a permanent or fixed place of abode in a
9 municipality or conducting or engaging in a business for profit
10 within a municipality.
11 "Subject of taxation." Any person, business, corporation,
12 partnership, entity, real property, tangible or intangible
13 personal property, property interest, transaction, occurrence,
14 privilege, transfer, occupation or any other levy which is
15 determined to be taxable by the General Assembly. The term shall
16 not be construed to mean the rate of tax which may be imposed on
17 a permissible subject of taxation.
18 SUBCHAPTER B
19 PROCEDURE FOR ADOPTION OF HOME RULE CHARTER
20 OR OPTIONAL PLAN OF GOVERNMENT
21 Sec.
22 2911. Submission of question for election of government study
23 commission.
24 2912. Election of members of commission.
25 2913. Nomination of candidates.
26 2914. Results of election.
27 2915. Oath of office of members of commission.
28 2916. First meeting of commission.
29 2917. Vacancies.
30 2918. Function and duty of commission.
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1 2919. Compensation and personnel.
2 2920. Hearings and public forums.
3 2921. Report of findings and recommendations.
4 2922. Discharge of petition and amended reports.
5 2923. Types of action recommended.
6 2924. Specificity of recommendations.
7 2925. Form of question on form of government.
8 2926. Submission of question on form of government.
9 2927. Limitation on enactment of ordinance or filing
10 of petition.
11 2928. Time when change of form of government takes effect.
12 2929. Limitation on changing new form of government.
13 2930. Status of forms of government provided in subpart.
14 § 2911. Submission of question for election of government study
15 commission.
16 (a) General rule.--Whenever authorized by ordinance of the
17 governing body or upon petition of the electors to the county
18 board of electors of the county wherein the municipality is
19 located, an election shall be held upon one of the following
20 questions:
21 Shall a government study commission of (seven, nine
22 or eleven) members be elected to study the existing form
23 of government of the municipality, to consider the
24 advisability of the adoption of an optional form of
25 government and to recommend whether or not an optional
26 plan of government should be adopted?
27 Shall a government study commission of (seven, nine
28 or eleven) members be elected to study the existing form
29 of government of the municipality, to consider the
30 advisability of the adoption of a home rule charter, and
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1 if advisable, to draft and to recommend a home rule
2 charter?
3 Shall a government study commission of (seven, nine
4 or eleven) members be elected to study the existing form
5 of government of the municipality, to consider the
6 advisability of the adoption of an optional form of
7 government or a home rule charter, to recommend the
8 adoption of an optional form of government or to draft
9 and recommend a home rule charter?
10 (b) Petition for election.--The petition calling for the
11 election shall be in the form required by subsection (e) and
12 shall be signed by electors comprising 5% of the number of
13 electors voting for the office of Governor in the last
14 gubernatorial general election.
15 (c) Ordinance authorizing election.--Within five days after
16 the final enactment of an ordinance authorizing the election,
17 the municipal clerk or secretary shall file a certified copy of
18 the ordinance with the county board of elections, together with
19 a copy of the question to be submitted to the electors.
20 (d) Duty of election board.--At the next general or
21 municipal or primary election occurring not less than the 13th
22 Tuesday after the filing of the ordinance or the petition with
23 the county board of elections, it shall cause the appropriate
24 question to be submitted to the electors as other questions are
25 submitted under the act of June 3, 1937 (P.L.1333, No.320),
26 known as the Pennsylvania Election Code.
27 (e) Requirements for petitions.--A referendum petition under
28 this section shall be filed not later than the 13th Tuesday
29 prior to the election, and the petition and the proceedings
30 therein shall be in the manner and subject to the provisions of
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1 the election laws which relate to the signing, filing and
2 adjudication of nomination petitions insofar as those provisions
3 are applicable. No referendum petition may be signed or
4 circulated prior to the 20th Tuesday before the election nor
5 later than the 13th Tuesday before the election. No candidate's
6 nomination petition may be signed or circulated prior to the
7 13th Tuesday before the election nor later than the tenth
8 Tuesday before the election. Any petition under this section
9 shall be filed on or before the tenth Tuesday before the
10 election.
11 § 2912. Election of members of commission.
12 (a) General rule.--A governmental study commission of seven,
13 nine or eleven members, as designated in the question, shall be
14 elected by the qualified voters at the same election the
15 question is submitted to the electors.
16 (b) Nomination of candidates.--Each candidate for the office
17 of member of the commission shall be nominated and placed upon
18 the ballot containing the question in the manner provided by and
19 subject to the provisions of the act of June 3, 1937 (P.L.1333,
20 No.320), known as the Pennsylvania Election Code, which relate
21 to the nomination of a candidate nominated by nomination papers
22 filed for other offices elective by the voters. Each candidate
23 shall be nominated and listed without any political designation
24 or slogan, and no nomination paper shall be signed or circulated
25 prior to the 13th Tuesday before the election, nor later than
26 the tenth Tuesday before the election. No signature shall be
27 counted unless it bears a date within this period.
28 (c) Instructions to electors.--Each elector shall be
29 instructed to vote on the question and, regardless of the manner
30 of his vote on the question, to vote for the designated number
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1 of members of a government study commission who shall serve if
2 the question is or has been determined in the affirmative.
3 (d) Insufficient number of candidates or members.--If an
4 insufficient number of nominating papers is filed to fill all of
5 the designated positions on the study commission, the question
6 of establishing a commission shall be placed on the ballot, and,
7 unless a sufficient number of study commission members are
8 elected by receiving at least as many votes as signature <--
9 SIGNATURES are required to file a nominating position, then the <--
10 question of creating a study commission shall be deemed to have
11 been rejected.
12 § 2913. Nomination of candidates.
13 (a) General rule.--All candidates for the government study
14 commission shall be electors. Each candidate shall be nominated
15 by nomination papers signed by a number of electors equal at
16 least to 2% of the number of electors voting for the office of
17 Governor in the last gubernatorial general election or 200
18 electors, whichever is less, and filed with the county board of
19 elections not later than the tenth Tuesday prior to the date of
20 the election.
21 (b) Content and signing of nomination papers.--Each
22 nomination paper shall set forth the name, place of residence
23 and post office address of the candidate thereby nominated, that
24 the nomination is for the office of government study
25 commissioner and that the signers are legally qualified to vote
26 for the candidate. An elector may not sign nomination papers for
27 more candidates for the commission than he could vote for at the
28 election. Every elector signing a nomination paper shall write
29 his place of residence, post office address and street number,
30 if any, on the petition.
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1 (c) Acceptance by candidate.--Each nomination paper shall,
2 before it may be filed with the county board of elections,
3 contain under oath of the candidate an acceptance of the
4 nomination in writing, signed by the candidate therein
5 nominated, upon or annexed to the paper, or, if the same person
6 be named in more than one paper, upon or annexed to one of the
7 papers. The acceptance shall certify that the candidate is an
8 elector, that the nominee consents to run as a candidate at the
9 election and that, if elected, the candidate agrees to take
10 office and serve.
11 (d) Verification of nomination papers.--Each nomination
12 paper shall be verified by an oath of one or more of the
13 signers, taken and subscribed before a person qualified under
14 the laws of this Commonwealth to administer an oath, to the
15 effect that the paper was signed by each of the signers in his
16 proper handwriting, that the signers are, to the best knowledge
17 and belief of the affiant, electors and that the nomination
18 paper is prepared and filed in good faith for the sole purpose
19 of endorsing the person named therein for election as stated in
20 the paper.
21 § 2914. Results of election.
22 The result of the votes cast for and against the question as
23 to the election of a government study commission shall be
24 returned by the election officers, and a canvass of the election
25 had, as is provided by law in the case of other public questions
26 put to the electors. The votes cast for members of the
27 commission shall be counted and the result returned by the
28 county board of electors, and a canvass of the election had, as
29 is provided by law in the case of election of members of
30 municipal councils or boards. The designated number of
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1 candidates receiving the greatest number of votes shall be
2 elected and shall constitute the commission. If a majority of
3 those voting on the question vote against the election of a
4 commission, none of the candidates shall be elected. If two or
5 more candidates for the last seat shall be equal in number of
6 votes, they shall draw lots to determine which one shall be
7 elected.
8 § 2915. Oath of office of members of commission.
9 (a) Members elected on countywide basis.--As soon as
10 possible, and in any event no later than ten days after its
11 certification of election, the members of a government study
12 commission elected on a countywide basis shall, before a judge
13 of a court of common pleas, make oath to support the
14 Constitution of the United States and the Constitution of
15 Pennsylvania, and to perform the duties of the office with
16 fidelity.
17 (b) Other members.--As soon as possible and in any event no
18 later than ten days after its certification of election, the
19 members of a government study commission elected on other than a
20 countywide basis shall, before a district justice or a justice
21 of the peace, make oath to support the Constitution of the
22 United States and the Constitution of Pennsylvania, and to
23 perform the duties of the office with fidelity.
24 § 2916. First meeting of commission.
25 (a) Procedure.--As soon as possible and in any event no
26 later than 15 days after its certification of election, the
27 government study commission shall organize and hold its first
28 meeting and elect one of its members chairman and another member
29 vice chairman, fix its hours and place of meeting and adopt
30 rules for the conduct of its business it deems necessary and
19950S0689B2340 - 76 -
1 advisable.
2 (b) Quorum.--A majority of the members of the commission
3 shall constitute a quorum for the transaction of business, but
4 no recommendation of the commission shall have any legal effect
5 unless adopted by a majority of the whole number of the members
6 of the commission.
7 § 2917. Vacancies.
8 In case of a vacancy in the government study commission, the
9 remaining members of the commission shall fill it by appointing
10 thereto some other properly qualified elector.
11 § 2918. Function and duty of commission.
12 The government study commission shall study the form of
13 government of the municipality to compare it with other
14 available forms under the laws of this Commonwealth and
15 determine whether or not in its judgment the government could be
16 strengthened or made more clearly responsible or accountable to
17 the people or whether its operation could become more economical
18 or efficient under a changed form of government.
19 § 2919. Compensation and personnel.
20 (a) Compensation and expenses of members.--Members of the
21 government study commission shall serve without compensation,
22 but shall be reimbursed by the municipality for their necessary
23 expenses incurred in the performance of their duties. Council
24 shall appropriate moneys necessary for this purpose.
25 (b) Appointment and compensation of personnel.--Within the
26 limits of the appropriations and other public and privately
27 contributed funds and services made available to it, the
28 commission may appoint one or more consultants and clerical and
29 other assistants to serve at the pleasure of the commission and
30 may fix reasonable compensation therefor to be paid the
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1 consultants and clerical and other assistants.
2 § 2920. Hearings and public forums.
3 The government study commission shall hold one or more public
4 hearings, may hold private hearings and sponsor public forums
5 and generally shall provide for the widest possible public
6 information and discussion respecting the purposes and progress
7 of its work.
8 § 2921. Report of findings and recommendations.
9 (a) General rule.--The government study commission shall
10 report its findings and recommendations to the citizens of the
11 municipality within nine months from the date of its election
12 except that it shall be permitted an additional nine months if
13 it elects to prepare and submit a proposed home rule charter and
14 an additional two months if it chooses to elect its municipal
15 council by districts. It shall publish or cause to be published
16 sufficient copies of its final report for public study and
17 information and shall deliver to the municipal clerk or
18 secretary sufficient copies of the report to supply it to any
19 interested citizen upon request. If the commission recommends
20 the adoption of a home rule charter or any of the optional plans
21 of government as authorized in this subpart, the report shall
22 contain the complete plans as recommended.
23 (b) List of resources used.--There shall be attached to each
24 copy of the report of the commission, as a part thereof, a
25 statement sworn to by the members of the commission listing in
26 detail the funds, goods, materials and services, both public and
27 private, used by the commission in the performance of its work
28 and the preparation and filing of the report. In addition, the
29 list shall identify specifically the supplier of each item
30 thereon.
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1 (c) Filing copy with Department of Community Affairs.--A
2 copy of the final report of the commission with its findings and
3 recommendations shall be filed with the Department of Community
4 Affairs.
5 (d) Disposition of records.--All the records, reports,
6 tapes, minutes of meetings and written discussions of the
7 commission shall, upon its discharge, be turned over to the
8 municipal clerk or secretary for permanent safekeeping and made
9 available for public inspection at any time during regular
10 business hours.
11 § 2922. Discharge of petition and amended reports.
12 (a) General rule.--The government study commission shall be
13 discharged upon the filing of its report, but if the
14 commission's recommendations require further procedure in the
15 form of a referendum on the part of the electors, the commission
16 shall not be discharged until the procedure has been finally
17 concluded. At any time prior to 60 days before the date of the
18 referendum, the commission may modify or change any
19 recommendation set forth in the final report by publishing an
20 amended report.
21 (b) Effect of amended report.--Whenever a commission issues
22 an amended report pursuant to subsection (a), the amended report
23 shall supersede the final report and the final report shall
24 cease to have any legal effect.
25 (c) Procedure under amended report.--The procedure to be
26 taken under the amended report shall be governed by the
27 provisions of this subpart applicable to the final report of a
28 commission submitted pursuant to section 2921 (relating to
29 report of findings and recommendations).
30 § 2923. Types of action recommended.
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1 The government study commission shall report and recommend in
2 accordance with the question presented to the electorate as
3 provided in section 2911 (relating to submission of question for
4 election of government study commission):
5 (1) That a referendum shall be held to submit to the
6 electors the question of adopting one of the optional plans
7 of government authorized by this subpart to be specified by
8 the commission.
9 (2) That a referendum shall be held to submit to the
10 electors the question of adopting a home rule charter as
11 prepared by the commission and as authorized by this subpart.
12 (3) That the form of government shall remain unchanged.
13 (4) Such other action as it deems advisable consistent
14 with its functions as set forth in this subpart.
15 § 2924. Specificity of recommendations.
16 (a) Optional plan of government.--
17 (1) If the government study commission report recommends
18 the adoption or the amendment of any of the optional plans of
19 government set forth in this subpart, except the optional
20 county plan, the report of the commission may specify the
21 following:
22 (i) That the municipal council shall consist of
23 three, five, seven or nine members, except that under the
24 small municipality plan and under the optional county
25 plan the number of council members shall be as provided
26 in sections 3073 (relating to election of council
27 members) and 3092 (relating to county officers).
28 (ii) That the office of treasurer shall be omitted
29 or that it shall be filled by election by the electors
30 rather than by appointment.
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1 (iii) That the office of controller shall be omitted
2 or that it shall be filled by election by the electors
3 rather than by appointment.
4 (2) If a commission report, initiative petition or
5 ordinance shall recommend any optional plan, except for the
6 optional county plan, it may specify that the then existing
7 basis for electing council members shall be changed to an at-
8 large or district or combination at-large and district basis.
9 (3) If a commission report, initiative petition or
10 ordinance recommends the adoption of the council-manager form
11 of government, it may specify that the mayor or president of
12 council or chairman be elected directly by the electors
13 rather than by council.
14 (4) If a commission report, initiative petition or
15 ordinance for a county recommends the adoption of any of the
16 optional plans, except the optional county plan, it may
17 specify that the sheriff be elected directly by the voters of
18 the county as provided in section 3094 (relating to
19 additional options for election of county sheriff).
20 (5) In all cases, except for the council-manager plan,
21 the commission report, initiative petition or ordinance shall
22 specify whether the executive (mayor) shall be called
23 "executive" or "mayor."
24 (b) Home rule charter.--If the commission recommends the
25 adoption of a home rule charter, it shall specify the number to
26 be on the municipal council, all offices to be filled by
27 election and whether elections shall be on an at-large, district
28 or combination district and at-large basis.
29 (c) Elections in new or revised districts.--Notwithstanding
30 any other provisions of this subpart, if an approved home rule
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1 charter or optional plan of government or other form of
2 government adopted pursuant to the provisions of this subpart
3 specifies that the election of the municipal council shall be on
4 an at-large or district or combination district and at-large
5 basis, and the basis recommended differs from the existing basis
6 and therefore requires eliminating districts or establishing
7 revised or new districts, then election of municipal officials
8 shall not take place on the new basis until the municipal
9 election following the next primary election taking place more
10 than 180 days after the election at which the referendum on the
11 question of a new form of government has been approved by the
12 electorate. The new form of government shall not go into effect
13 until the first Monday in January following the election of
14 municipal officials on the new basis. New or revised districts
15 shall be established by the government study commission and
16 included in the proposed charter.
17 § 2925. Form of question on form of government.
18 The question to be submitted to the voters for the adoption
19 of a home rule charter or any of the optional plans of
20 government authorized by this subpart shall be submitted in one
21 of the following forms or such part of them as shall be
22 applicable.
23 Shall the Home Rule Charter contained in the report,
24 dated (insert date), of the government study commission,
25 prepared in accordance with the Home Rule Charter and
26 Optional Plans Law, be adopted by the (insert type and
27 name of municipality)?
28 Shall (insert name of plan), including
29 recommendations pertaining to optional provisions
30 contained in the report of the government study
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1 commission, dated (insert date), as authorized by the
2 Home Rule Charter and Optional Plans Law, be adopted by
3 the (insert type and name of municipality)?
4 Shall the (Home Rule Charter) (Optional Plan) of the
5 (insert type and name of municipality) be repealed, and
6 the form of government recommended in the report of the
7 government study commission, dated (insert date), be
8 adopted as authorized by the Home Rule Charter and
9 Optional Plans Law?
10 Shall an Optional Plan for the (insert type and name
11 of municipality) be amended as specified in the report of
12 the government study commission filed with the election
13 officials of the County of (insert name of county), on
14 (insert date), as authorized by the Home Rule Charter and
15 Optional Plans Law?
16 § 2926. Submission of question on form of government.
17 If the government study commission recommends that the
18 question of adopting a home rule charter or one of the optional
19 plans of government authorized by this subpart shall be
20 submitted to the electors, the municipal clerk or secretary
21 shall, within five days thereafter, certify a copy of the
22 commission's report to the county board of elections, which
23 shall cause the question of adoption or rejection to be placed
24 upon the ballot or voting machines at the time as the commission
25 specifies in its report. The commission may cause the question
26 to be submitted to the electors at the next primary, municipal
27 or general election occurring not less than 60 days following
28 the filing of a copy of the commission's report with the county
29 board of elections, at the time the commission's report directs.
30 At the election, the question of adopting that form of
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1 government recommended by the commission shall be submitted to
2 the electors by the county board of elections in the same manner
3 as other questions are submitted to the electors under the act
4 of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
5 Election Code. The commission shall frame the question to be
6 placed upon the ballot as provided for in section 2925 (relating
7 to form of question on form of government) and, if it deems
8 appropriate, an interpretative statement to accompany the
9 question.
10 § 2927. Limitation on enactment of ordinance or filing of
11 petition.
12 (a) General rule.--An ordinance may not be passed and a
13 petition may not be filed for the election of a government study
14 commission pursuant to section 2911 (relating to submission of
15 question for election of government study commission) while
16 proceedings are pending under any other petition or ordinance
17 filed or passed under the authority of this subpart nor on the
18 same question if it has been defeated within four years after an
19 election has been held pursuant to any such ordinance or
20 petition passed or filed.
21 (b) Time for commencement of proceedings.--For the purpose
22 of this section, proceedings shall be considered as having
23 started:
24 (1) In the case of an ordinance, upon the final vote of
25 council in favor of the ordinance, notwithstanding the fact
26 that the ordinance cannot take effect until a certain number
27 of days thereafter.
28 (2) In the case of a petition, as soon as it is properly
29 signed by one-third of the number of registered voters
30 required for the petition and written notice thereof filed in
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1 the office of the county board of elections and in the office
2 of the municipal clerk or secretary, who shall cause the
3 notice to be immediately posted in a conspicuous place in the
4 office, open to public inspection.
5 § 2928. Time when change of form of government takes effect.
6 Whenever the electors by a majority of those voting on the
7 question vote in favor of adopting a change in their form of
8 government pursuant to this subpart, the proposed form shall
9 take effect according to its terms and the provisions of this
10 subpart.
11 § 2929. Limitation on changing new form of government.
12 The voters of any municipality which has adopted a home rule
13 charter or an optional plan of government pursuant to this
14 subpart may not vote on the question of changing the form of
15 government until five years after the home rule charter or
16 optional plan became effective.
17 § 2930. Status of forms of government provided in subpart.
18 For the purposes of this subpart, each of the optional forms
19 of government provided by this subpart and each of those
20 optional forms as modified by any available provisions
21 concerning size of council, election of municipal officials and
22 the basis for electing councilmen is hereby declared to be a
23 complete and separate form of government provided by the General
24 Assembly for submission to the electors.
25 SUBCHAPTER C
26 AMENDMENT OF EXISTING CHARTER OR OPTIONAL PLAN
27 Sec.
28 2941. Procedure for amendment of charter or optional plan.
29 2942. Initiation of amendment by electors or council.
30 2943. Petition for referendum or ordinance proposing amendment.
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1 2944. Time and manner of submission of question.
2 § 2941. Procedure for amendment of charter or optional plan.
3 (a) Procedure.--The procedure for amending a home rule
4 charter or optional plan of government shall be through the
5 initiative procedure and referendum or ordinance of the
6 governing body as provided for in this subpart.
7 (b) Changes in method of election.--Changes in the method of
8 election of a municipal governing body from at-large elections
9 to elections by district, maintain at-large elections or a
10 combination of at-large elections and elections by district may
11 be implemented by amending a home rule charter or optional plan
12 without creation of a government study commission.
13 (c) Conflict in the question.--If two or more questions
14 appear on the ballot at the same election and such questions are
15 in conflict and more than one receives the approval of the
16 voters, the question which receives the largest number of
17 affirmative votes shall prevail over the others.
18 (d) Initial apportionment.--If the referendum on the
19 question results in the approval by the voters to amend the home
20 rule charter or optional plan to provide for the election of the
21 governing body either by districts or partially by districts and
22 partially at large or in a change in the number of members of
23 the governing body, the initial apportionment of the districts
24 shall be made by an apportionment commission consisting of seven
25 members, all of whom shall reside in such municipality. Two
26 members of the apportionment commission shall be appointed by
27 the mayor. Two members of the apportionment commission shall be
28 appointed by the governing body; one shall be appointed by the
29 mayor from a list of at least three qualified persons
30 recommended by the municipal committee of the political party
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1 whose mayoral candidate received the highest number of votes
2 cast in the most recent mayoral election and one shall be
3 appointed by the mayor from a list of at least three qualified
4 persons recommended by the municipal committee of the political
5 party whose mayoral candidate received the second highest votes
6 in the most recent mayoral election. The seventh member of the
7 commission shall be elected at large by a majority vote of the
8 other six members and shall serve as chairman of the commission.
9 § 2942. Initiation of amendment by electors or council.
10 A referendum on the question of amendment of a home rule
11 charter or an optional plan of government may be initiated by
12 petition of the electors or such a referendum may be initiated
13 by an ordinance of the governing body. A proposal for amendment
14 of an optional plan shall be limited to the additional options
15 provided for in section 2924 (relating to specificity of
16 recommendations).
17 § 2943. Petition for referendum or ordinance proposing
18 amendment.
19 (a) Filing.--A petition containing a proposal for referendum
20 on the question of amending a home rule charter or an optional
21 plan of government signed by electors comprising 10% of the
22 number of electors voting for the office of Governor in the last
23 gubernatorial general election in the municipality, or an
24 ordinance of the municipal governing body proposing amendment of
25 a home rule charter or an optional plan, shall be filed with the
26 election officials not later than the 13th Tuesday prior to the
27 next primary, municipal or general election. The petition and
28 the proceedings therein shall be in the manner and subject to
29 the provisions of the election laws which relate to the signing,
30 filing and adjudication of nomination petitions insofar as such
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1 provisions are applicable, except that no referendum petition
2 shall be signed or circulated prior to the 20th Tuesday before
3 the election nor later than the 13th Tuesday before the
4 election. The name and address of the person filing the petition
5 shall be clearly stated on the petition.
6 (b) Review and disposition of petition.--The election
7 officials shall review the initiative petition as to the number
8 and qualifications of signers. If the petition appears to be
9 defective, the election officials shall immediately notify the
10 persons filing the petition of the defect. When the election
11 officials find that the petition as submitted is in proper
12 order, they shall send copies of the initiative petition without
13 signatures thereon to the governing body and to the Department
14 of Community Affairs. The initiative petition as submitted to
15 the election officials, along with a list of signatories, shall
16 be open to inspection in the office of the election officials.
17 § 2944. Time and manner of submission of question.
18 A referendum on the question of the amendment of a home rule
19 charter or an optional plan of government shall be held when the
20 election officials find that the initiative petition or
21 ordinance of the governing body is in proper order. The
22 referendum shall be governed by the provisions of the act of
23 June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
24 Election Code. The election officials shall cause the question
25 to be submitted to the electors at the next primary, general or
26 municipal election occurring not less than the 13th Tuesday
27 following the filing of the initiative petition or ordinance
28 with county board of elections. At the election, the question
29 shall be submitted to the voters in the same manner as other
30 questions are submitted under the Pennsylvania Election Code.
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1 The county board of elections shall frame the question to be
2 placed upon the ballot.
3 SUBCHAPTER D
4 CONDUCT OF ELECTION
5 Sec.
6 2951. Conduct and results of election.
7 2952. Notice of election.
8 § 2951. Conduct and results of election.
9 All elections provided for in this subpart shall be conducted
10 by the election officials for such municipality in accordance
11 with the act of June 3, 1937 (P.L.1333, No.320), known as the
12 Pennsylvania Election Code. The election officials shall count
13 the votes cast and make return thereof to the county board of
14 elections. The results of the election shall be computed by the
15 county board of elections in the same manner as is provided by
16 law for the computation of similar returns. Certificates of the
17 results of the election shall be filed by the county board of
18 elections with the municipal council or board, the Department of
19 State and the Department of Community Affairs.
20 § 2952. Notice of election.
21 At least 30 days' notice of each election provided for under
22 this subpart shall be given by the clerk or secretary of the
23 municipality. A copy of the notice shall be posted at each
24 polling place on the day of the election and shall be published
25 in at least one newspaper of general circulation in the
26 municipality once a week for three consecutive weeks during the
27 period of 30 days prior to the election.
28 SUBCHAPTER E
29 GENERAL POWERS AND LIMITATIONS OF
30 HOME RULE CHARTER MUNICIPALITIES
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1 Sec.
2 2961. Scope of powers of home rule.
3 2962. Limitations on municipal powers.
4 2963. Exercise of municipal powers by home rule county.
5 2964. General powers of municipalities.
6 2965. Recording and filing of charter.
7 2966. Continuation of office of existing elective officials.
8 2967. Repeal of home rule charter.
9 § 2961. Scope of powers of home rule.
10 A municipality which has adopted a home rule charter may
11 exercise any powers and perform any function not denied by the
12 Constitution of Pennsylvania, by statute or by its home rule
13 charter. All grants of municipal power to municipalities
14 governed by a home rule charter under this subchapter, whether
15 in the form of specific enumeration or general terms, shall be
16 liberally construed in favor of the municipality.
17 § 2962. Limitation on municipal powers.
18 (a) Powers granted by statute.--With respect to the
19 following subjects, the home rule charter shall not give any
20 power or authority to the municipality contrary to, or in
21 limitation or enlargement of, powers granted by statutes which
22 are applicable to a class or classes of municipalities:
23 (1) The filing and collection of municipal tax claims or
24 liens and the sale of real or personal property in
25 satisfaction of them.
26 (2) The procedures in the exercise of the powers of
27 eminent domain and the assessment of damages and benefits for
28 property taken, injured or destroyed.
29 (3) Boundary changes.
30 (4) Regulation of public schools.
19950S0689B2340 - 90 -
1 (5) The registration of electors and the conduct of
2 elections.
3 (6) The fixing of subjects of taxation.
4 (7) The fixing of the rates of nonproperty or personal
5 taxes levied upon nonresidents.
6 (8) The assessment of real or personal property and
7 persons for taxation purposes.
8 (9) Defining or providing for the punishment of any
9 felony or misdemeanor.
10 (10) Municipal planning under the act of July 31, 1968
11 (P.L.805, No.247), known as the Pennsylvania Municipalities
12 Planning Code.
13 (b) Taxing power.--Unless prohibited by the Constitution of
14 Pennsylvania, the provisions of this subpart or any other
15 statute or its home rule charter, a municipality which has
16 adopted a home rule charter shall have the power and authority
17 to enact and enforce local tax ordinances upon any subject of
18 taxation granted by statute to the class of municipality of
19 which it would be a member but for the adoption of a home rule
20 charter at any rate of taxation determined by the governing
21 body. No home rule municipality shall establish or levy a rate
22 of taxation upon nonresidents which is greater than the rate
23 which a municipality would have been authorized to levy on
24 nonresidents but for the adoption of a home rule charter. The
25 governing body shall not be subject to any limitation on the
26 rates of taxation imposed upon residents.
27 (c) Prohibited powers.--A municipality shall not:
28 (1) Engage in any proprietary or private business except
29 as authorized by statute.
30 (2) Exercise powers contrary to, or in limitation or
19950S0689B2340 - 91 -
1 enlargement of, powers granted by statutes which are
2 applicable in every part of this Commonwealth.
3 (3) Be authorized to diminish the rights or privileges
4 of any former municipal employee entitled to benefits or any
5 present municipal employee in his pension or retirement
6 system.
7 (4) Enact or promulgate any ordinance or regulation with
8 respect to definitions, sanitation, safety, health, standards
9 of identity or labeling pertaining to the manufacture,
10 processing, storage, distribution and sale of any foods,
11 goods or services subject to any Commonwealth statutes and
12 regulations unless the municipal ordinance or regulation is
13 uniform in all respects with the Commonwealth statutes and
14 regulations thereunder. This paragraph does not affect the
15 power of any municipality to enact and enforce ordinances
16 relating to building codes or any other safety, sanitation or
17 health regulation pertaining thereto.
18 (5) Enact any provision inconsistent with any statute
19 heretofore enacted prior to April 13, 1972, affecting the
20 rights, benefits or working conditions of any employee of a
21 political subdivision of this Commonwealth.
22 (d) Reduction of police force.--Notwithstanding any
23 provision of this subpart or any other statute to the contrary,
24 any municipality that is or was a city of the second class A may
25 reduce its police force or its firefighting force for economic
26 reasons, as determined by ordinance.
27 (e) Statutes of general application.--Statutes that are
28 uniform and applicable in every part of this Commonwealth shall
29 remain in effect and shall not be changed or modified by this
30 subpart. Statutes shall supersede any municipal ordinance or
19950S0689B2340 - 92 -
1 resolution on the same subject.
2 (f) Regulation of business and employment.--A municipality
3 which adopts a home rule charter shall not determine duties,
4 responsibilities or requirements placed upon businesses,
5 occupations and employers, including the duty to withhold, remit
6 or report taxes or penalties levied or imposed upon them or upon
7 persons in their employment, except as expressly provided by
8 statutes which are applicable in every part of this Commonwealth
9 or which are applicable to all municipalities or to a class or
10 classes of municipalities. This subsection shall not be
11 construed as a limitation in fixing rates of taxation on
12 permissible subjects of taxation.
13 (g) Regulation of firearms.--A municipality shall not enact
14 any ordinance or take any other action dealing with the
15 regulation of the transfer, ownership, transportation or
16 possession of firearms.
17 (h) Levying taxes.--This section does not limit or take away
18 any right of a municipality which adopts a home rule charter
19 from levying any tax which it had the power to levy had it not
20 adopted a home rule charter.
21 (i) Establishment of rates of taxation.--No provision of
22 this subpart or any other statute shall limit a municipality
23 which adopts a home rule charter from establishing its own rates
24 of taxation upon all authorized subjects of taxation except
25 those specified in subsection (a)(7).
26 (j) Retroactive fee increase prohibited.--A municipality
27 which adopts a home rule charter may not retroactively increase
28 any fee or charge for any municipal service which has been
29 provided.
30 § 2963. Exercise of municipal powers by home rule county.
19950S0689B2340 - 93 -
1 A county which has adopted a home rule charter shall not at
2 any time thereafter exercise within any municipality in the
3 county a power or function being exercised by that municipality,
4 except under all of the following conditions:
5 (1) The exercise of such power or function by the county
6 shall be authorized by ordinance of the governing body of the
7 county, which ordinance, in addition to such other filings as
8 may be required by law, shall be filed with the clerk or
9 secretary of each local municipality within the county within
10 30 days of its enactment.
11 (2) The transfer of a power or function to the county
12 from any local municipality within the county, as authorized
13 by the ordinance, shall not become effective for at least 15
14 months from the date of adoption of the ordinance.
15 (3) Within 120 days from the adoption of the ordinance,
16 the governing body of any local municipality, exercising on
17 the date of the adoption of the ordinance any power or
18 function authorized by ordinance of the county to be
19 exercised by the county, may elect by ordinance to be
20 excluded from the county's exercise of the power or function.
21 Within 60 days after the date of adoption by the governing
22 body of a local municipality of an ordinance excluding the
23 local municipality from the exercise by the county of a power
24 or function, or in the absence of any action of the governing
25 body, the qualified electors of the local municipality may
26 initiate a petition requiring that the question of inclusion
27 or exclusion from the exercise of the power or function by
28 the county be submitted to a referendum of the electorate at
29 the election held on the date of the next ensuing primary,
30 municipal or general election not less than 60 days after the
19950S0689B2340 - 94 -
1 filing of the initiative petition with the county board of
2 elections. The initiative and referendum procedures set forth
3 in this subchapter or Subchapter F (relating to general
4 provisions and limitations for optional plan municipalities)
5 shall be followed, except where the same may be inconsistent
6 with any of the provisions of this section. In the event the
7 county determines there is insufficient interest or that it
8 is not feasible to establish the proposed municipal function
9 or power as provided for in the ordinance passed by the
10 county, the county may repeal the county ordinance prior to
11 the effective date of the ordinance.
12 (4) The governing body of any local municipality may by
13 ordinance, subsequent to the time limit for action as set
14 forth in paragraph (3), request the county to be included in
15 a municipal power or function being exercised by the county.
16 However, the county may specify the terms and conditions for
17 acceptance or denial of the power or function requested by
18 the local municipality to be exercised by the county, which
19 shall be subject to court review if the local municipality
20 determines that the terms and conditions as set forth by the
21 county are unreasonable.
22 (5) No assessment, tax, fee or levy in the nature
23 thereof made by the governing body of a county in support of
24 the exercise of a power or function as authorized by
25 ordinance of the county shall be applicable in any local
26 municipality within the county which is providing the same
27 municipal power or function.
28 (6) If the electors of a local municipality by
29 referendum vote to exclude the local municipality from the
30 exercise of a power or function by the county, a petition may
19950S0689B2340 - 95 -
1 not be initiated nor may a referendum be held on the same
2 question more often than every five years thereafter.
3 (7) A local municipality may, by action of the governing
4 body, or by initiative and referendum, withdraw from a power
5 or function which it was exercising at the date of the
6 adoption of the county home rule charter which it transferred
7 to a county, provided it again assumes and exercises the
8 power or function, but may not vote on the question of
9 withdrawing sooner than four years from the time the county
10 assumed the power or function of the local municipality.
11 § 2964. General powers of municipalities.
12 Municipalities adopting a home rule charter shall have the
13 power to:
14 (1) Sue and be sued.
15 (2) Have a corporate seal.
16 (3) Contract and be contracted with.
17 (4) Buy, sell, lease, hold and dispose of real and
18 personal property.
19 (5) Appropriate and expend moneys.
20 (6) Adopt, amend and repeal any ordinances and
21 resolutions as may be required.
22 § 2965. Recording and filing of charter.
23 The municipal clerk or secretary shall have the new charter
24 as approved by the qualified electors recorded in the ordinance
25 books and shall also file a certified copy of the charter with
26 the Department of State, the Department of Community Affairs and
27 the county board of elections.
28 § 2966. Continuation of office of existing elective officials.
29 All elective officials in office at the time of the adoption
30 of a home rule charter shall continue in office until their
19950S0689B2340 - 96 -
1 terms expire.
2 § 2967. Repeal of home rule charter.
3 (a) General rule.--The procedure for repeal of a home rule
4 charter shall be the same as for adoption of a home rule
5 charter. Whenever the electors, by a majority vote of those
6 voting on the question, vote in favor of repeal of a home rule
7 charter and the establishment of a particular form of
8 government, the municipality shall be governed under the form of
9 government selected by the electors from the first Monday of
10 January following the municipal election at which the elective
11 officials of the form of government selected by the electors
12 shall have been elected. The government study commission shall
13 provide in its report for the new form of government to be
14 established.
15 (b) Election of new officials.--The elective officials under
16 a new form of government selected by the electors shall be
17 elected at the first municipal election held after the
18 referendum on the repeal of a home rule charter or at a later
19 date as may be specified by the commission in its report.
20 SUBCHAPTER F
21 GENERAL PROVISIONS AND LIMITATIONS FOR
22 OPTIONAL PLAN MUNICIPALITIES
23 Sec.
24 2971. Law applicable to optional plan.
25 2972. Recording and filing of plan.
26 2973. Scope of powers of optional plan.
27 2974. Limitation on powers of optional plan.
28 § 2971. Law applicable to optional plan.
29 Upon the adoption by the electors of any of the optional
30 plans of government as set forth in this subpart, the
19950S0689B2340 - 97 -
1 municipality shall thereafter be governed by the plan adopted
2 and by the provisions of general law applicable to that class or
3 classes of municipality except as otherwise provided in this
4 subpart. Until the municipality adopts another form of
5 government, the plan adopted and the provisions of general law
6 applicable to that class or classes of municipality shall be
7 law. All statutes affecting the organization, government and
8 powers of the municipality which are not inconsistent or in
9 conflict with this subpart shall remain in full force until
10 modified or repealed.
11 § 2972. Recording and filing of plan.
12 The municipal clerk or secretary shall immediately cause the
13 new plan of government as adopted to be recorded in the
14 ordinance book of the municipality and shall also file a
15 certified copy thereof with the Department of State, the
16 Secretary of Community Affairs and the county board of
17 elections.
18 § 2973. Scope of powers of optional plan.
19 The general grant of municipal power under this subpart is
20 intended to confer the greatest power of self government
21 consistent with the Constitution of Pennsylvania and with the
22 provisions of and the limitations prescribed by this subpart.
23 Any specific enumeration of municipal powers contained in this
24 subpart or in other statutes does not limit the general
25 description of power contained in this subpart. Any specifically
26 enumerated municipal powers are in addition and supplementary to
27 the powers conferred in general terms by this subchapter. All
28 grants of municipal power to municipalities governed by an
29 optional plan under this subpart, whether in the form of
30 specific enumeration or general terms, shall be liberally
19950S0689B2340 - 98 -
1 construed in favor of the municipality.
2 § 2974. Limitation on powers of optional plan.
3 The optional plan of any municipality adopted in accordance
4 with this subpart shall not give any power or authority to
5 diminish any rights or privileges of any present municipal
6 employee in his pension or retirement system. No municipality
7 shall exercise any powers or authority beyond the municipal
8 limits except those conferred by statute, and no municipality
9 shall engage in any proprietary or private business except as
10 authorized by the General Assembly.
11 SUBCHAPTER G
12 MISCELLANEOUS PROVISIONS
13 Sec.
14 2981. Limitation on local municipality.
15 2982. Retention of existing form of government.
16 2983. Retention of existing form of government when electors
17 disapprove proposal.
18 2984. Assumption of functions previously assumed by other
19 municipality.
20 § 2981. Limitation on local municipality.
21 No local municipality within a county shall supersede or
22 exercise any power, function or service presently exercised by
23 the county.
24 § 2982. Retention of existing form of government.
25 Each municipality which does not adopt a home rule charter or
26 an optional plan under this subpart shall retain its existing
27 form of government as otherwise provided by law.
28 § 2983. Retention of existing form of government when electors
29 disapprove proposal.
30 In case the electors of any municipality disapprove a
19950S0689B2340 - 99 -
1 proposal to adopt a home rule charter or an optional plan of
2 government, the municipality shall retain its existing form of
3 government.
4 § 2984. Assumption of functions previously assumed by other
5 municipality.
6 (a) Assumption of indebtedness.--A municipality assuming a
7 function previously performed by another municipality under the
8 terms of this subchapter shall also assume all the indebtedness
9 and obligations of the municipality relating to the function. If
10 property, indebtedness or obligations of another municipality
11 not within the boundaries of the municipality assuming the
12 function is involved, the governing bodies of the respective
13 municipalities shall make an adjustment and apportionment of all
14 public property involved.
15 (b) Procedure for adjustment and apportionment.--The
16 adjustment and apportionment shall be reduced to a written
17 agreement which shall be filed with the court of common pleas of
18 the county and the Department of Community Affairs.
19 (c) Petition for adjustment and apportionment.--In case the
20 municipalities cannot make an amicable adjustment and
21 apportionment of the property, obligations and indebtedness
22 within six months after the function is assumed, any of the
23 municipalities may present a petition to the court of common
24 pleas. The court shall then appoint three disinterested
25 commissioners, all residents and taxpayers of the county, but
26 none residing in or owners of real property in any of the
27 municipalities. After hearing, notice of which shall be given to
28 the municipalities as the court shall direct, the commissioners
29 shall file a report with the court making an adjustment and
30 apportionment of all the property as well as the obligations or
19950S0689B2340 - 100 -
1 indebtedness. The report shall state the amount that shall be
2 due and payable from each municipality, the forms of payment and
3 the amount of obligations and indebtedness that shall be assumed
4 by each.
5 (d) Notice to municipalities.--The commissioners shall give
6 the municipalities at least five days' written notice of the
7 filing of their report. Unless exceptions are filed to the
8 report within 30 days after the date of the filing, the report
9 shall be confirmed by the court absolutely. Any sum awarded by
10 the report shall be a legal and valid claim in its favor against
11 the municipality charged. Any real or personal property given to
12 a municipality shall become its property. Any claim or
13 indebtedness charged against the municipality may be collected
14 from it.
15 (e) Exceptions to report.--If exceptions are filed to the
16 report of the commissioners, the court shall dispose of them,
17 taking testimony if it deems advisable. The court shall enter
18 its decree confirming the award of the commissioners or
19 modifying the same as appears just and proper.
20 (f) Compensation to commissioners.--The commissioners shall
21 be allowed any compensation and expenses for their services as
22 the court shall fix. The costs of the proceedings, including the
23 compensation and expenses of the commissioners, shall be
24 apportioned by the court between the municipalities as it deems
25 proper.
26 (g) Jurisdiction of court.--If a municipality or part of a
27 municipality is located in two or more counties, the court of
28 common pleas of the county where the larger part of the
29 municipality assuming the function is located shall have
30 exclusive jurisdiction over the proceedings.
19950S0689B2340 - 101 -
1 CHAPTER 30
2 TYPES OF OPTIONAL PLANS OF GOVERNMENT
3 Subchapter
4 A. Executive (Mayor) - Council Plan A
5 B. Executive (Mayor) - Council Plan B
6 C. Executive (Mayor) - Council Plan C
7 D. Council-Manager Plan
8 E. Small Municipality Plan
9 F. Optional County Plan
10 SUBCHAPTER A
11 EXECUTIVE (MAYOR) - COUNCIL PLAN A
12 Sec.
13 3001. Designation and applicability of plan.
14 3002. Officers and employees.
15 3003. Election and term of office of officials.
16 3004. Election and term of office of council members.
17 3005. First election of council members.
18 3006. Legislative power vested in council.
19 3007. Organization of council.
20 3008. Powers of council concerning officers and agencies.
21 3009. Appointment and duties of municipal clerk or secretary.
22 3010. Executive power vested in executive.
23 3011. Powers and duties of executive.
24 3012. Approval or veto of ordinances.
25 3013. Mayor, departments and department heads.
26 3014. Department of administration.
27 3015. Budget.
28 3016. Form and adoption of budget.
29 3017. Amended budget.
30 3018. Council amendments to budget.
19950S0689B2340 - 102 -
1 § 3001. Designation and applicability of plan.
2 The form of government provided in this subchapter shall be
3 known as the "Executive (Mayor) - Council Plan A" and shall,
4 together with the laws applicable to that class of municipality
5 and Subchapter F of Chapter 29 (relating to general provisions
6 and limitations for optional plan municipalities) and Chapter 31
7 (relating to general provisions common to optional plans),
8 govern any municipality the electors of which have adopted it
9 under this subpart.
10 § 3002. Officers and employees.
11 Each municipality under this subchapter shall be governed by
12 an elected council, an elected executive who may be called
13 mayor, as determined by the government study commission, an
14 elected district attorney in the case of counties and, when
15 recommended by the commission and adopted by the voters, an
16 elected treasurer, an elected controller and by such other
17 officers and employees as may be duly appointed pursuant to this
18 subchapter or other applicable law.
19 § 3003. Election and term of office of officials.
20 The executive (mayor), the treasurer, if elected, the
21 district attorney in the case of counties and the controller, if
22 elected, shall be elected by the electors at a regular municipal
23 election and shall serve for a term of four years beginning on
24 the first Monday of January next following his election.
25 § 3004. Election and term of office of council members.
26 The council shall consist of five members unless, under the
27 authority granted under section 2924 (relating to specificity of
28 recommendations), the municipality shall be governed by a
29 council of three, seven or nine members. Members of the council
30 shall be elected at large by the electors unless, under the
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1 authority granted pursuant to section 2924, members shall be
2 elected on a district basis in which each district is as equal
3 in population as is feasible, or on a combination at-large and
4 district basis as determined by the government study commission,
5 or as specified in an initiative petition or ordinance of the
6 governing body under the provisions of sections 2942 (relating
7 to initiation of amendment by electors or council), 2943
8 (relating to petition for referendum or ordinance proposing
9 amendment) and 2944 (relating to time and manner of submission
10 of question) at a regular municipal election and shall serve for
11 a term of four years, except as otherwise provided in this
12 subchapter, beginning on the first Monday of January next
13 following their elections.
14 § 3005. First election of council members.
15 At the first municipal election following the adoption of
16 this plan, council members shall be elected and shall serve for
17 the terms as provided in section 3162 (relating to status and
18 term of office of officials).
19 § 3006. Legislative power vested in council.
20 The legislative power of the municipality as provided by laws
21 applicable to that class of municipality shall be exercised by
22 the municipal council, except as may otherwise be provided for
23 under this subpart.
24 § 3007. Organization of council.
25 On the first Monday of January following the regular
26 municipal election, the members of council shall assemble at the
27 usual place of meeting, organize and elect a president from
28 among its members, who shall preside at its meetings and perform
29 such other duties as council may prescribe, and a vice
30 president, who shall preside in the absence of the president. If
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1 the first Monday is a legal holiday, the meeting shall be held
2 on the next day.
3 § 3008. Powers of council concerning officers and agencies.
4 The council, in addition to other powers and duties as may be
5 conferred upon it by general law, may require any municipal
6 officer to prepare and submit sworn statements regarding the
7 performance of the officer's official duties and may otherwise
8 investigate the conduct of any department, office or agency of
9 the municipal government.
10 § 3009. Appointment and duties of municipal clerk or secretary.
11 A municipal clerk or secretary shall be appointed in the
12 manner set forth in the administrative ordinance as provided
13 pursuant to section 3146 (relating to passage of administrative
14 ordinance). The municipal clerk or secretary shall serve as
15 clerk of the council, keep its minutes and records of its
16 proceedings, maintain and compile its ordinances and resolutions
17 as this subpart requires and perform such functions as may be
18 required by law or by local ordinance. The municipal clerk
19 shall, prior to the appointment, have been qualified by training
20 or experience to perform the duties of the office.
21 § 3010. Executive power vested in executive.
22 The executive power of the municipality shall be exercised by
23 the executive (mayor).
24 § 3011. Powers and duties of executive.
25 The executive (mayor) shall enforce the plan and ordinances
26 of the municipality and all general laws applicable to them. The
27 executive shall, annually, report to the council and the public
28 on the work of the previous year and on the condition and
29 requirements of the municipal government and shall, from time to
30 time, make these recommendations for action by the council as he
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1 deems in the public interest. He shall supervise the departments
2 of the municipal government and shall require each department to
3 make annual and other reports of its work as he deems desirable.
4 § 3012. Approval or veto of ordinances.
5 (a) General rule.--Ordinances adopted by the council shall
6 be submitted to the executive (mayor) who shall, within ten days
7 after receiving any ordinance, either approve the ordinance by
8 affixing his signature thereto, or veto the ordinance by
9 delivering it to the municipal clerk together with a statement
10 setting forth his objections. The clerk shall immediately notify
11 the council of the veto. No ordinance or any item or part
12 thereof shall take effect without the executive's (mayor's)
13 approval, unless the executive (mayor) fails to return an
14 ordinance to the clerk within ten days after it has been
15 presented to him, or unless council upon reconsideration of the
16 veto on or after the third day following its return by the
17 executive (mayor) shall override the executive's (mayor's) veto
18 by a vote of a majority plus one of the members.
19 (b) Attendance at meetings of council.--The executive
20 (mayor) may attend meetings of council and may take part in
21 discussions of council but shall have no vote except in the case
22 of a tie on the question of filling a vacancy in the council, in
23 which case he may cast the deciding vote.
24 § 3013. Mayor, departments and department heads.
25 (a) Inability of executive to perform duties.--The executive
26 (mayor) shall designate any department head to act as executive
27 (mayor) whenever the executive (mayor) shall be prevented, by
28 absence from the municipality, disability or other cause, from
29 attending to the duties of his office. During such time the
30 person so designated by the executive (mayor) shall possess all
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1 the rights, powers and duties of the executive (mayor). Whenever
2 the executive (mayor) has been unable to attend to the duties of
3 his office for a period of 60 consecutive days for any of the
4 reasons stated in this subsection, a member of council shall be
5 appointed by the council as acting executive (mayor), who shall
6 succeed to all the rights, powers and duties of the executive
7 (mayor) or the then acting executive (mayor), until he shall
8 return or his disability ceases.
9 (b) Establishment and exercise of functions of department.--
10 The municipality may have a department of administration and
11 shall have such other departments as council may establish by
12 ordinance. All of the administrative functions, powers and
13 duties of the municipality, other than those vested in the
14 office of the clerk, treasurer, if elected, and controller,
15 shall be assigned among and within the departments.
16 (c) Appointment and term of department heads and
17 solicitor.--Each department shall be headed by a director who
18 shall be appointed by the executive (mayor) with the advice and
19 consent of the council. Each municipality shall also have a
20 solicitor who shall be appointed by the executive (mayor) with
21 the advice and consent of the council. Each department head and
22 the solicitor shall serve during the term of office of the
23 executive (mayor) appointing him, and until the appointment and
24 qualification of his successor. No member of municipal council
25 shall head a department.
26 (d) Removal of department head.--The executive (mayor) may
27 remove any department head after notice and an opportunity to be
28 heard. Prior to removing a department head, the executive
29 (mayor) shall first file written notice of his intention with
30 the council. The removal shall become effective 20 days after
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1 the filing of the notice.
2 (e) Department officers and employees.--Department heads
3 shall appoint subordinate officers and employees within their
4 departments under procedures established in section 3122
5 (relating to appointment of subordinate officers and employees).
6 § 3014. Department of administration.
7 (a) Department heads.--Where a department of administration
8 is established, it shall be headed by a director. The director
9 shall be chosen solely on the basis of his executive and
10 administrative qualifications with special reference to his
11 actual experience in, or his knowledge of, accepted practice in
12 respect to the duties of his office. At the time of appointment,
13 the director need not be a resident of the municipality or this
14 Commonwealth. He shall have, exercise and discharge the
15 functions, powers and duties of the department.
16 (b) Department functions.--The department, under the
17 direction and supervision of the executive (mayor), shall have
18 the following powers and duties:
19 (1) To assist in the preparation of the budget.
20 (2) To administer a centralized purchasing system.
21 (3) To establish and administer a centralized personnel
22 system.
23 (4) To establish and maintain a centralized accounting
24 system which shall be so designed as to accurately reflect
25 the assets, liabilities, receipts and expenditures of the
26 municipality.
27 (5) To perform any other duties as council may prescribe
28 through the administrative ordinance or as the executive
29 (mayor) may direct.
30 § 3015. Budget.
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1 The municipal budget shall be prepared by the executive
2 (mayor) with the assistance of the director of the department of
3 administration or other officer designated by the executive
4 (mayor).
5 § 3016. Form and adoption of budget.
6 The budget shall be in the form required by council and shall
7 have appended to it a detailed analysis of the various items of
8 expenditure and revenue. The budget as submitted and adopted
9 shall be balanced. Council may reduce any item or items in the
10 executive's (mayor's) budget by a vote of a majority of the
11 council, but an increase in any item or items therein shall
12 become effective only upon an affirmative vote of a majority
13 plus one of the members of council. Council shall, upon the
14 introduction of the proposed budget, fix a date for adoption,
15 which shall except as otherwise provided be not later than
16 December 31 immediately following.
17 § 3017. Amended budget.
18 During January next following any municipal election, the
19 executive (mayor) may submit an amended budget to council.
20 Council shall consider it in the same manner as provided in
21 section 3016 (relating to form and adoption of budget), but
22 final consideration of the amended budget shall be completed by
23 February 15 of the same year.
24 § 3018. Council amendments to budget.
25 Council may amend the budget during January next following
26 any municipal election. Final adoption of the amended budget
27 shall be completed by February 15 of the same year.
28 SUBCHAPTER B
29 EXECUTIVE (MAYOR) - COUNCIL PLAN B
30 Sec.
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1 3031. Designation and applicability of plan.
2 3032. Departments.
3 3033. Mandatory department of administration.
4 § 3031. Designation and applicability of plan.
5 The form of government provided in this subchapter shall be
6 known as the "Executive (Mayor) - Council Plan B" and shall,
7 together with Subchapter F of Chapter 29 (relating to general
8 provisions and limitations for optional plan municipalities),
9 Subchapter A of Chapter 30 (relating to executive (mayor)
10 council plan A) and Subchapter A of Chapter 31 (relating to
11 officers and employees), with the exception of section 3013(b)
12 (relating to mayor, departments and department heads), govern
13 any municipality the voters of which have adopted it pursuant to
14 this subpart.
15 § 3032. Departments.
16 The municipality shall have a department of administration
17 and shall have such other departments as council may establish
18 by ordinance. The administrative functions, powers and duties of
19 the municipality, other than those vested in the office of the
20 clerk, treasurer and controller, if provided for, shall be
21 allocated and assigned among and within the departments except
22 that the functions specified in section 3014 (relating to
23 department of administration) shall be assigned to the
24 department of administration.
25 § 3033. Mandatory department of administration.
26 Under Executive (Mayor) - Council Plan B a department of
27 administration shall be established.
28 SUBCHAPTER C
29 EXECUTIVE (MAYOR) - COUNCIL PLAN C
30 Sec.
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1 3041. Designation and applicability of plan.
2 3042. Powers and duties of executive.
3 3043. Appointment and duties of managing director.
4 § 3041. Designation and applicability of plan.
5 The form of government provided in this subpart shall be
6 known as the "Executive (Mayor) - Council Plan C" and shall,
7 together with Subchapter F of Chapter 29 (relating to general
8 provisions and limitations for optional plan municipalities),
9 Subchapter A of Chapter 30 (relating to executive (mayor) -
10 council plan A) and Subchapter A of Chapter 31 (relating to
11 officers and employees), with the exception of section 3011
12 (relating to powers and duties of executive), govern any
13 municipality the voters of which have adopted it pursuant to
14 this subpart.
15 § 3042. Powers and duties of executive.
16 The executive (mayor) shall enforce the plan and ordinances
17 of the municipality and all general laws applicable thereto. The
18 executive shall, annually, report to the council and the public
19 on the work of the previous year and on the condition and
20 requirements of the municipal government and shall, from time to
21 time, make those recommendations for action by the council he
22 deems in the public interest.
23 § 3043. Appointment and duties of managing director.
24 (a) General rule.--The executive (mayor) shall appoint, with
25 the advice and consent of the council, a managing director who
26 shall supervise the departments of government and who shall be
27 the contact officer between the mayor and the departments. The
28 managing director shall make periodic reports with those
29 recommendations as he deems appropriate to the executive (mayor)
30 concerning the affairs of municipal government and particularly
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1 of the departments.
2 (b) Removal.--The executive (mayor) may remove a managing
3 director after notice and an opportunity to be heard. Prior to
4 removing a managing director, the executive (mayor) shall first
5 file written notice of his intention with the council. The
6 removal shall become effective 20 days after the filing of the
7 notice.
8 SUBCHAPTER D
9 COUNCIL-MANAGER PLAN
10 Sec.
11 3051. Designation and applicability of plan.
12 3052. Officers and employees.
13 3053. Election and term of office of elected officials.
14 3054. Election and term of office of council members.
15 3055. First election of council members.
16 3056. Selection of mayor, council president or chairman.
17 3057. Appointment and duties of municipal clerk or secretary.
18 3058. Powers and duties of council.
19 3059. Qualifications of municipal manager.
20 3060. Removal of municipal manager from office.
21 3061. Inability of municipal manager to perform duties.
22 3062. Powers and duties of municipal manager.
23 3063. Preparation and adoption of budget.
24 3064. Amended budget.
25 § 3051. Designation and applicability of plan.
26 The form of government provided in this subchapter shall be
27 known as the "Council-Manager Plan" and shall, together with
28 Subchapter F of Chapter 29 (relating to general provisions and
29 limitations for optional plan municipalities) and Subchapter A
30 of Chapter 31 (relating to officers and employees), govern any
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1 municipality the voters of which have adopted this plan pursuant
2 to this subpart.
3 § 3052. Officers and employees.
4 Each municipality under this subchapter shall be governed by
5 an elected council one member of which shall be the mayor, or
6 president of council, or chairman chosen under sections 2924
7 (relating to specificity of recommendations) and 3056 (relating
8 to selection of mayor, council president or chairman), an
9 elected district attorney in the case of counties, and an
10 appointed municipal manager, and, if so provided under the plan,
11 an elected treasurer, an elected controller and by those other
12 officers and employees as may be duly appointed pursuant to this
13 subchapter, general law or ordinance.
14 § 3053. Election and term of office of elected officials.
15 The district attorney in the case of counties and the
16 treasurer and controller, if provided for and if elected, shall
17 be elected by the electors at a regular municipal election and
18 shall serve for a term of four years beginning the first Monday
19 of January next following the election.
20 § 3054. Election and term of office of council members.
21 The municipal council shall consist of five members unless,
22 under the authority granted pursuant to section 2924 (relating
23 to specificity of recommendations), the municipality shall be
24 governed by a council of three, seven or nine members. Members
25 of the municipal council shall be elected at large by the
26 electors unless, pursuant to the authority granted under section
27 2924, members shall be elected on a district basis in which each
28 district is as equal in population as is feasible, or on a
29 combination at large and district basis as determined by the
30 charter study commission or as specified in an initiative
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1 petition or ordinance of the governing body under the provisions
2 of sections 2942 (relating to initiation of amendment by
3 electors or council), 2943 (relating to petition for referendum
4 or ordinance proposing amendment) and 2944 (relating to time and
5 manner of submission of question), at a regular municipal
6 election. The members shall serve for a term of four years,
7 except as provided in this subchapter, beginning on the first <--
8 Monday of January next following their election.
9 § 3055. First election of council members.
10 At the first municipal election following the adoption by a
11 municipality of this charter plan, council members shall be
12 elected and shall serve for the terms as provided in section
13 3162 (relating to status and term of office of officials).
14 § 3056. Selection of mayor, council president or chairman.
15 (a) General rule.--On the first Monday of January following
16 the municipal election, the members of the municipal council
17 shall assemble at the usual place of meeting, organize and elect
18 one of their number as mayor or president of council or chairman
19 unless otherwise provided. The mayor or president of council or
20 chairman shall be chosen by ballot by majority vote of all
21 members of the municipal council. If the members shall be
22 unable, within five ballots to be taken within two days of the
23 organization meeting, to elect a mayor or president of council
24 or chairman, then the member who in the election for members of
25 the municipal council received the greatest number of votes
26 shall be the mayor, president of council or chairman. If that
27 person declines to accept the office, then the person receiving
28 the next highest vote shall be the mayor, president of council
29 or chairman, and so on, until the office is filled. The mayor,
30 or president of council, or chairman shall preside at all
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1 meetings of the municipal council and shall have a voice and
2 vote in its proceedings.
3 (b) Election of mayor.--On the recommendation of the
4 government study commission as provided under section 2924
5 (relating to specificity of recommendations), or as specified in
6 an initiative petition or ordinance of the governing body as
7 authorized by sections 2942 (relating to initiation of amendment
8 by electors or council), 2943 (relating to petition for
9 referendum or ordinance proposing amendment) and 2944 (relating
10 to time and manner of submission of question), the mayor shall
11 be elected directly by the electors at the regular municipal
12 election in lieu of being chosen as provided in subsection (a).
13 § 3057. Appointment and duties of municipal clerk or secretary.
14 A municipal clerk or secretary shall be appointed in the
15 manner set forth in the administrative ordinance as provided in
16 section 3146 (relating to passage of administrative ordinance).
17 The municipal clerk or secretary shall serve as clerk of the
18 council, keep its minutes and records of its proceedings,
19 maintain and compile its ordinances and resolutions as this
20 subpart requires and perform any functions as may be required by
21 law or ordinance. The municipal clerk shall, prior to his
22 appointment, have been qualified by training or experience to
23 perform the duties of the office.
24 § 3058. Powers and duties of council.
25 (a) General rule.--All powers as provided by laws applicable
26 to that class of municipality shall be vested in the municipal
27 council, except as otherwise provided by this subchapter, and
28 the council shall provide for the exercise thereof and for the
29 performance of all duties imposed on the municipality by law.
30 (b) Adoption of administrative ordinance.--The council shall
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1 by ordinance adopt an administrative ordinance defining the
2 responsibilities of the municipal departments and agencies as it
3 deems necessary and proper for the efficient conduct of
4 municipal affairs.
5 (c) Appointment of municipal manager.--The municipal council
6 shall appoint a municipal manager. The office of municipal
7 manager and municipal clerk or secretary may be held by the same
8 person.
9 (d) Investigations.--The council may make investigations
10 into the affairs of the municipality and the conduct of any
11 municipal department, office or agency.
12 (e) Administrative departments, boards and offices.--The
13 municipal council shall continue or create, and determine and
14 define, the powers and duties of any executive and
15 administrative departments, boards and offices, in addition to
16 those provided for in this subpart, as it deems necessary for
17 the proper and efficient conduct of the affairs of the
18 municipality, including the office of deputy manager. Any
19 department, board or office so continued or created may be
20 abolished by the municipal council. No member of municipal
21 council shall head an administrative department.
22 (f) Additional powers and limitations.--It is the intention
23 of this subchapter that the municipal council shall act in all
24 matters as a body, and it is contrary to the spirit of this
25 subchapter for any of its members to seek individually to
26 influence the official acts of the municipal manager or any
27 other officer, or for the council or any of its members to
28 direct or request the appointment of any person to or his
29 removal from office, or to interfere in any way with the
30 performance by the officers of their duties. The council and its
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1 members shall deal with the administrative service solely
2 through the municipal manager and shall not give orders to any
3 subordinates of the municipal manager, either publicly or
4 privately. This subchapter does not prevent the municipal
5 council from appointing committees of its own members or of
6 citizens to conduct investigations into the conduct of any
7 officer or department, or any matter relating to the welfare of
8 the municipality, and delegating to those committees such powers
9 of inquiry as the municipal council deems necessary.
10 § 3059. Qualifications of municipal manager.
11 The municipal manager shall be chosen by the council on the
12 basis of his executive and administrative qualifications. At the
13 time of his appointment, he need not be a resident of the
14 municipality or this Commonwealth. The municipal manager shall
15 not hold any elective governmental office.
16 § 3060. Removal of municipal manager from office.
17 The municipal manager shall be appointed for an indefinite
18 term and may be removed by a majority vote of the council. At
19 least 30 days before the removal becomes effective, the council
20 shall notify the municipal manager of its decision to remove him
21 from office, by a majority vote of its members, stating the
22 reasons for his removal. The municipal manager may reply in
23 writing and may request a public hearing, which shall be held
24 not earlier than 20 days nor later than 30 days after the filing
25 of the request. After the public hearing, if one is requested,
26 and after full consideration, the council by majority vote of
27 its members may adopt a final resolution of removal. By the
28 preliminary resolution, the council may suspend the municipal
29 manager from duty, but may, in any case, cause to be paid
30 immediately any unpaid balance of his salary and his salary for
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1 the next three calendar months.
2 § 3061. Inability of municipal manager to perform duties.
3 The municipal manager may designate a qualified
4 administrative officer of the municipality to perform his duties
5 during his temporary absence or disability. In the event of his
6 failure to make a designation, or if the absence or disability
7 continues more than 30 days, the council may appoint an officer
8 of the municipality to perform the duties of the manager during
9 the absence or disability until the manager returns or his
10 disability ceases.
11 § 3062. Powers and duties of municipal manager.
12 The municipal manager shall have the following powers and
13 duties:
14 (1) To be the chief executive and administrative
15 official of the municipality.
16 (2) To execute all laws and ordinances.
17 (3) To appoint and remove department heads and the
18 deputy manager, if one is authorized by council, and appoint
19 subordinate officers and employees under procedures
20 established in section 3122 (relating to appointment of
21 subordinate officers and employees).
22 (4) To negotiate contracts for the municipality, subject
23 to the approval of the municipal council, make
24 recommendations concerning the nature and location of
25 municipal improvements and execute municipal improvements as
26 determined by the municipal council.
27 (5) To assure that all terms and conditions imposed in
28 favor of the municipality or its inhabitants in any statute,
29 public utility franchise or other contract are faithfully
30 kept and performed and, upon knowledge of any violation, to
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1 call the same to the attention of the municipal council.
2 (6) To prepare the agenda for and attend all meetings of
3 the municipal council with the right to take part in the
4 discussions, but without the right to vote.
5 (7) To make such recommendations to the council
6 concerning policy formulation as he deems desirable and keep
7 the council and the public informed as to the conduct of
8 municipal affairs.
9 (8) To prepare and submit the annual budget to the
10 council together with such explanatory comment as he deems
11 desirable and to administer the municipal budget.
12 (9) To perform such other duties as may be required of
13 the municipal manager by ordinance or resolution of the
14 municipal council.
15 (10) To be responsible to the council for carrying out
16 all policies established by it and for the proper
17 administration of all affairs of the municipality within the
18 jurisdiction of the council.
19 § 3063. Preparation and adoption of budget.
20 The municipal manager shall submit to council his recommended
21 budget, together with any explanatory comment or statement he
22 deems desirable. The budget shall be in such form as is required
23 by council for municipal budgets and shall in addition have
24 appended thereto a detailed analysis of the various items of
25 expenditure and revenue. The budget as submitted and adopted
26 shall be balanced. Council shall upon introduction of the
27 proposed budget fix a date for adoption thereof which shall be
28 not later than December 31 immediately following submission.
29 § 3064. Amended budget.
30 During January next following any municipal election, council
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1 may request the manager to submit an amended budget to council
2 which shall consider it in the same manner as provided in
3 section 3063 (relating to preparation and adoption of budget),
4 except that final adoption of the amended budget shall not be
5 later than February 15 of the same year.
6 SUBCHAPTER E
7 SMALL MUNICIPALITY PLAN
8 Sec.
9 3071. Designation and applicability of plan.
10 3072. Officers.
11 3073. Election of council members.
12 3074. Organization of council.
13 3075. Powers and duties of council.
14 3076. Municipal clerk or secretary, solicitor and agencies.
15 3077. Powers and duties of executive.
16 3078. Appointment of officers and employees by executive.
17 3079. Preparation and adoption of budget.
18 3080. Amended budget.
19 § 3071. Designation and applicability of plan.
20 The form of government provided in this subchapter shall be
21 known as the "Small Municipality Plan." It may be adopted by any
22 municipality having a population of less than 7,500 inhabitants
23 by the last Federal census. The plan, together with Subchapter F
24 of Chapter 29 (relating to general provisions and limitations
25 for optional plan municipalities) and Subchapter A of Chapter 31
26 (relating to officers and employees), shall govern any
27 municipality the voters of which have adopted it pursuant to
28 this subpart.
29 § 3072. Officers.
30 Each municipality shall be governed by an elected executive
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1 (mayor) and council members, an elected district attorney in the
2 case of counties and, if so provided under the plan, an elected
3 treasurer or elected controller and any other officers as shall
4 be appointed pursuant to this subchapter, general law or
5 ordinance.
6 § 3073. Election of council members.
7 The council shall consist of the executive (mayor), who shall
8 be elected at large, and two council members unless pursuant to
9 the authority granted under section 2924 (relating to
10 specificity of recommendations) the municipality is governed by
11 an executive (mayor) and four council members, an executive
12 (mayor) and six council members, or an executive (mayor) and
13 eight council members. Members of the council shall be elected
14 at large unless the plan provides that members shall be elected
15 on a district basis in which each district is as equal in
16 population as is feasible, or on a combination at large and
17 district basis as determined by the government study commission
18 or as specified in an initiative petition or ordinance of the
19 governing body under the provisions of sections 2942 (relating
20 to initiation of amendment by electors or council), 2943
21 (relating to petition for referendum or ordinance proposing
22 amendment) and 2944 (relating to time and manner of submission
23 of question), at a regular municipal election by the voters of
24 the municipality. The members of the council shall serve a term
25 of four years beginning on the first Monday in January next
26 following their election, except as provided in this subpart.
27 § 3074. Organization of council.
28 On the first Monday of January following the regular
29 municipal election, the members of the council shall assemble at
30 the usual place of meeting and organize. The executive (mayor)
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1 shall preside at all meetings of the council and shall have a
2 voice and vote on its proceedings. The council shall select from
3 among its members a president of the council who shall serve in
4 place of the executive (mayor) in the event of his absence or
5 disability.
6 § 3075. Powers and duties of council.
7 The legislative power of the municipality shall be exercised
8 by the council, except as may be otherwise provided by general
9 law. A majority of the whole number of the council shall
10 constitute a quorum for the transaction of business, but a
11 smaller number may meet and adjourn from time to time.
12 § 3076. Municipal clerk or secretary, solicitor and agencies.
13 (a) Municipal clerk or secretary.--A municipal clerk or
14 secretary shall be appointed in the manner set forth in the
15 administrative ordinance, as provided pursuant to section 3146
16 (relating to passage of administrative ordinance). The municipal
17 clerk or secretary shall serve as clerk of the council, keep its
18 minutes and records of its proceedings, maintain and compile its
19 ordinances and resolutions as this subpart requires and perform
20 any functions as may be required by law. The clerk shall, prior
21 to his appointment, have been qualified by training or
22 experience to perform the duties of the office.
23 (b) Solicitor and agencies.--The council may, consistent
24 with statutes applicable to that class of municipality, provide
25 for the manner of appointment of a solicitor, any planning
26 board, zoning board of adjustment, zoning hearing board or
27 personnel board in the municipality and may create commissions
28 and other bodies with advisory powers.
29 § 3077. Powers and duties of executive.
30 The executive power of the municipality shall be exercised by
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1 the executive (mayor). The executive shall see that all laws and
2 ordinances in force and effect within the municipality are
3 observed. He shall address the council and report to the
4 residents, annually and at any other times as he deems
5 desirable, on the condition of the municipality and upon its
6 problems of government. The executive (mayor) shall also appoint
7 a finance committee of the council, which shall consist of one
8 or more council members, and may appoint and designate other
9 committees of council of similar composition.
10 § 3078. Appointment of officers and employees by executive.
11 The executive (mayor) shall appoint subordinate officers and
12 employees with the advice and consent of council under
13 procedures established in section 3122 (relating to appointment
14 of subordinate officers and employees), except that, in
15 counties, the office of prothonotary and clerk of courts,
16 register of wills and clerk of orphans court shall be filled by
17 appointment by the president judge of the appropriate court with
18 advice and consent of a majority of the council.
19 § 3079. Preparation and adoption of budget.
20 The municipal budget shall be prepared by the executive
21 (mayor) and shall be submitted to council in the form required
22 by council. The budget as submitted and adopted shall be
23 balanced. Council shall, upon introduction of the proposed
24 budget, fix a date for adoption thereof which shall be not later
25 than December 31 immediately following.
26 § 3080. Amended budget.
27 During the month of January next following any municipal
28 elections, the executive (mayor), upon his own initiative or at
29 the request of council, may submit an amended budget to council,
30 which shall consider it in the same manner as provided in
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1 section 3079 (relating to preparation and adoption of budget),
2 except that final adoption of the amended budget shall not be
3 later than February 15 of the same year.
4 SUBCHAPTER F
5 OPTIONAL COUNTY PLAN
6 Sec.
7 3091. Designation and applicability of plan.
8 3092. County officers.
9 3093. Powers.
10 3094. Additional options for election of county sheriff.
11 3095. Approval of plan.
12 § 3091. Designation and applicability of plan.
13 The form of government provided in this subpart shall be
14 known as the "Optional County Plan" and shall, together with
15 Subchapter F of Chapter 29 (relating to general provisions and
16 limitations for optional plan municipalities) and Subchapter A
17 of Chapter 31 (relating to officers and employees), govern any
18 county the voters of which have adopted this plan pursuant to
19 this subpart. This option shall be available only to counties.
20 § 3092. County officers.
21 (a) Enumeration.--The county officers shall be as follows:
22 (1) County commissioner.
23 (2) Controller or auditor.
24 (3) District attorney.
25 (4) Public defender.
26 (5) Treasurer.
27 (6) Sheriff.
28 (7) Register of wills.
29 (8) Recorder of deeds.
30 (9) Prothonotary.
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1 (10) Clerk of the courts.
2 (b) Election and term of office.--County officers, except
3 for public defenders, who shall be appointed as provided by law,
4 shall be elected at the municipal election and shall hold their
5 offices for the term of four years, beginning on the first
6 Monday of January next after their election, and until their
7 successors are duly qualified. Vacancies shall be filled in the
8 manner provided by law.
9 (c) Salaries and fees.--County officers shall be paid only
10 by salary as provided by law for services performed for the
11 county or any other governmental unit. Fees incidental to the
12 conduct of any county office shall be payable directly to the
13 county or the Commonwealth or as otherwise provided by law.
14 (d) County commissioners.--Three county commissioners shall
15 be elected in each county. In the election of these officers,
16 each qualified elector shall vote for not more than two persons,
17 and the three persons receiving the highest number of votes
18 shall be elected.
19 (e) Coroner or medical examiner.--The coroner or medical
20 examiner shall be a statutory office elected at the municipal
21 election and shall hold the office for the term of four years,
22 beginning on the first Monday of January next after election,
23 and until his successor is duly qualified. He shall be paid only
24 by salary as provided by law. Vacancies shall be filled in the
25 manner provided by law.
26 (f) Jury commissioners.--Jury commissioners shall be
27 statutory officers and shall be elected at the municipal
28 election and shall hold their office for the term of four years,
29 beginning on the first Monday of January next after election,
30 and until their successors are duly qualified. The salary board
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1 shall fix the salary of the jury commissioners. Vacancies in the
2 office of jury commissioner shall be filled by the president
3 judge of the court of common pleas.
4 § 3093. Powers.
5 All county officers may exercise those powers granted by
6 general law to county offices of the class of county to which it
7 belongs.
8 § 3094. Additional options for election of county sheriff.
9 A government study commission created and constituted as
10 provided in Subchapter B of Chapter 29 (relating to procedure
11 for adoption of a home rule charter or optional plan of
12 government) for counties, or an initiative petition or ordinance
13 of the governing body as authorized by sections 2942 (relating
14 to initiation of amendment by electors or council), 2943
15 (relating to petition for referendum or ordinance proposing
16 amendment) and 2944 (relating to time and manner of submission
17 of question), may recommend and cause to be placed on the
18 ballot, as a part of the question submitted to the voters for
19 approval, additional options as part of the optional plans as
20 set forth in this chapter providing for the election of the
21 county sheriff.
22 § 3095. Approval of plan.
23 If the optional plan, including an additional option or
24 options as provided in section 3091 (relating to designation and
25 applicability of plan), is approved by the voters, the county
26 shall be governed by the provisions of the subchapter providing
27 the basic optional plan and by the provisions of Subchapter F of
28 Chapter 29 (relating to general provisions and limitations for
29 optional plan municipalities) and Subchapter A of Chapter 31
30 (relating to officers and employees), except that the elected
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1 sheriff shall be subject to the provisions pertaining to that
2 office as provided in this subchapter.
3 CHAPTER 31
4 GENERAL PROVISIONS COMMON TO OPTIONAL PLANS
5 Subchapter
6 A. Officers and Employees
7 B. Treasurer
8 C. Appointment Power and Personnel
9 D. Filling Vacancies in Elected Office
10 E. Legislation by Council
11 F. Audit and Control
12 G. Transition to Optional Plan Government
13 H. Repeal of Optional Plan
14 SUBCHAPTER A
15 OFFICERS AND EMPLOYEES
16 Sec.
17 3101. Adverse interest in contracts for purchase or services.
18 3102. Acceptance of services at more favorable terms.
19 3103. Gift or promise of thing of value to influence
20 political support.
21 3104. Refusal or failure to appear or testify before court.
22 § 3101. Adverse interest in contracts for purchase or services.
23 (a) General rule.--If a municipal officer or official
24 elected or appointed knows or by the exercise of reasonable
25 diligence should know that he is interested to any appreciable
26 degree, either directly or indirectly, in any contract for the
27 sale or furnishing of any personal property for the use of the
28 municipality, or for any services to be rendered for the
29 municipality involving the expenditure of more than $300 in any
30 year, he shall notify council. Any such contract shall not be
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1 passed and approved by council except by an affirmative vote of
2 at least three-fourths of the members. If the interested officer
3 is a member of council, he shall refrain from voting upon the
4 contract.
5 (b) Exception.--This section does not apply to cases where
6 the officer or official is an employee of the person, firm or
7 corporation to which money is to be paid in a capacity with no
8 possible influence on the transaction and in which he cannot
9 possibly be benefited either financially or in any other
10 material manner.
11 (c) Penalties.--Any officer or official who knowingly
12 violates this section shall be liable to the municipality upon
13 his bond, if any, or personally, to the extent of the damage
14 shown to be sustained by the municipality and to ouster from
15 office, and commits a misdemeanor of the third degree and shall,
16 upon conviction, be sentenced to pay a fine not exceeding $500,
17 or imprisonment not exceeding one year, or both.
18 § 3102. Acceptance of services at more favorable terms.
19 An officer or employee shall not accept or receive, directly
20 or indirectly, from any person operating within the territorial
21 limits of a municipality any interurban railway, bus line,
22 street railway, gas works, waterworks, electric light or power
23 plant, heating plant, telegraph line, telephone exchange or
24 other business using or operating under a public franchise, any
25 frank, free pass, free ticket or free service, or accept or
26 receive, directly or indirectly, from any person, any other
27 service upon terms more favorable than is granted to the public
28 generally, except that the prohibition of free transportation
29 shall not apply to police officers or firefighters in uniform.
30 Free service to the municipal officials provided by any
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1 franchise or ordinance shall not be affected by this section.
2 § 3103. Gift or promise of thing of value to influence
3 political support.
4 (a) General rule.--A candidate for office, appointment or
5 employment, or an officer, appointee or employee in any
6 municipality shall not, directly or indirectly, give or promise
7 to any person any office, position, employment, benefit or
8 anything of value for the purpose of influencing or obtaining
9 the political support, aid or vote of any person.
10 (b) Penalty.--Any person who violates subsection (a) shall
11 be disqualified to hold the office or employment to which he may
12 be or may have been elected or appointed.
13 § 3104. Refusal or failure to appear or testify before court.
14 Any person elected or appointed to any office or position in
15 a municipality governed under this subpart who, after lawful
16 notice or process, willfully refuses or fails to appear before
17 any court, any legislative committee or the Governor, or having
18 appeared refuses to testify or to answer any question regarding
19 the property, government or affairs of the municipality, or
20 regarding his nomination, election, appointment or official
21 conduct on the ground that his answer would tend to incriminate
22 him, or refuses to waive immunity from prosecution on account of
23 any matter in relation to which he may be asked to testify, may
24 be removed from office by the council of the municipality.
25 SUBCHAPTER B
26 TREASURER
27 Sec.
28 3111. Selection and duties of municipal treasurer.
29 § 3111. Selection and duties of municipal treasurer.
30 (a) General rule.--Under any of the optional plans as set
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1 forth in this subpart, except for the plan set forth in
2 Subchapter F of Chapter 30 (relating to optional county plan),
3 the office of municipal treasurer may be omitted, or may be
4 filled by appointment or by election, as provided in the plan.
5 If the office of municipal treasurer is to be filled by
6 appointment, the appointment shall be made in accordance with
7 the appointment procedures for other department heads.
8 (b) Powers and duties of elected treasurer.--The municipal
9 treasurer, if elected, shall perform the functions and duties
10 and have the powers relating to the collection, receiving,
11 safekeeping and payment over of public moneys, including
12 municipal, county, institution district and school district
13 taxes, as provided by law and shall have any other functions,
14 powers and duties assigned to him by the executive of the
15 municipality.
16 SUBCHAPTER C
17 APPOINTMENT POWER AND PERSONNEL
18 Sec.
19 3121. Appointment of members of boards and commissions.
20 3122. Appointment of subordinate officers and employees.
21 § 3121. Appointment of members of boards and commissions.
22 The appointment power of the chief executive of the
23 municipality under any of the plans authorized by this subpart
24 shall include the appointment of members of boards and
25 commissions authorized by this subpart, by law, or by action of
26 municipal council. All such appointments shall be with the
27 advice and consent of a majority of municipal council.
28 § 3122. Appointment of subordinate officers and employees.
29 (a) General rule.--Appointments and promotions of
30 subordinate officers and employees within departments shall be
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1 made by the department head on the basis of a personnel system
2 which shall include written procedures for appointment and
3 promotion based on merit and fitness as demonstrated by
4 examination or other evidence of competence for the position.
5 (b) Personnel rules.--The personnel system shall be governed
6 by personnel rules which shall be prepared by the executive
7 (mayor) or manager and submitted to the municipal council which
8 shall adopt them with or without amendments unless otherwise
9 provided for or arrived at by collective bargaining. The
10 personnel rules may provide for:
11 (1) The classification of all municipal positions, based
12 on the duties, authority and responsibility of each position,
13 with adequate provision for reclassification of any position
14 whenever warranted by change of circumstances.
15 (2) A pay plan for all municipal positions.
16 (3) Methods for determining the merit and fitness of
17 candidates for appointment or promotion.
18 (4) The policies and procedures regulating reduction in
19 force and disciplinary action, including suspension and
20 removal of employees.
21 (5) The hours of work and provisions for sick and
22 vacation leave and holidays and overtime compensation.
23 (6) Grievance procedures, including procedures for the
24 hearing of grievances.
25 (7) Other practices and procedures necessary to the
26 administration of the municipal personnel system.
27 SUBCHAPTER D
28 FILLING VACANCIES IN ELECTED OFFICE
29 Sec.
30 3131. Applicability of subchapter.
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1 3132. Manner of filling vacancies in office.
2 § 3131. Applicability of subchapter.
3 This subchapter shall apply to the filling of vacancies in
4 elected office in all optional plans and options except those
5 set forth in Subchapter F of Chapter 30 (relating to optional
6 county plan).
7 § 3132. Manner of filling vacancies in office.
8 (a) Members of council.--
9 (1) If a vacancy exists in the municipal council, the
10 municipal council shall, by a majority of its remaining
11 members, fill the vacancy, within 30 days thereafter, by
12 electing a qualified person to serve until that first Monday
13 of January when his successor is duly sworn into office for
14 the remainder of the term of the person originally elected to
15 the office. The successor shall be elected at the next
16 municipal election occurring at least 50 days after the
17 vacancy begins.
18 (2) In case vacancies should exist whereby the offices
19 of a majority or more members of the municipal council become
20 vacant, the remaining members shall fill the vacancies, one
21 at a time, giving each new appointee reasonable notice of his
22 appointment as will enable him to meet and act with the then
23 qualified member or members of the municipal council in
24 making further appointments until a bare majority of members
25 of municipal council members have been qualified. At that
26 time these members shall appoint persons to fill the
27 remaining vacancies at a meeting attended by the majority
28 members of municipal council, such appointees to receive a
29 majority of the votes of the members present at the meeting.
30 Each person selected to fill the vacancy or vacancies shall
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1 hold his office as provided in this subsection.
2 (3) If, by reason of a tie vote or otherwise, the
3 vacancy shall not have been filled by the remaining members
4 of municipal council within the time as limited in this
5 subsection, the court of common pleas, upon the petition of
6 ten or more qualified electors, shall fill the vacancy by the
7 appointment of a qualified person for the portion of the
8 unexpired term as provided in this subsection.
9 (b) Other officers.--
10 (1) If a vacancy occurs in the office of executive
11 (mayor), municipal treasurer, if elected, municipal
12 controller, if elected, county district attorney or county
13 sheriff, if elected, the municipal council shall fill the
14 vacancy within 30 days thereafter by choosing an executive
15 (mayor), a municipal treasurer, a municipal controller, a
16 county district attorney or a county sheriff, as the case may
17 be, to serve until his successor is elected by the qualified
18 electors at the next municipal election, occurring at least
19 50 days after the vacancy occurs, and is duly sworn into
20 office. The person so elected shall serve from the first
21 Monday of January next succeeding his election for the
22 remainder of the term of the person originally elected to the
23 office.
24 (2) If, by reason of a tie vote or otherwise, a vacancy
25 in the office of executive (mayor), treasurer, controller,
26 county district attorney or county sheriff has not been
27 filled by council within the time as limited in this
28 subsection, the court of common pleas, upon petition of ten
29 or more qualified electors, shall fill the vacancy by the
30 appointment of a qualified person for the portion of the
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1 unexpired term as provided in this subsection.
2 SUBCHAPTER E
3 LEGISLATION BY COUNCIL
4 Sec.
5 3141. Regular and special meetings of council.
6 3142. Procedure and functions of council.
7 3143. Adoption of ordinances.
8 3144. Recording and compilation of ordinances and resolutions.
9 3145. Filing and publication of rules and regulations.
10 3146. Passage of administrative ordinance.
11 § 3141. Regular and special meetings of council.
12 The council shall, by ordinance or resolution, designate the
13 time of holding regular meetings which shall be at least
14 monthly. The executive (mayor) or the president of council may
15 and, upon written request of a majority of the members of the
16 council, shall call a special meeting of the council. In the
17 call, he shall designate the purpose of the special meeting and
18 no other business shall be considered. All meetings of the
19 council shall be open to the public. The municipal clerk or
20 secretary shall keep a journal of its proceedings and record the
21 minutes of every meeting.
22 § 3142. Procedure and functions of council.
23 (a) Rules of procedure.--Council shall determine its own
24 rules of procedure, not inconsistent with ordinance or statute.
25 A majority of the whole number of members of the council shall
26 constitute a quorum, and no ordinance shall be adopted by the
27 council without the affirmative vote of a majority of all the
28 members of the council.
29 (b) Adoption of ordinances and resolutions.--Each ordinance
30 or resolution shall be presented and considered as determined by
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1 council rules of procedure. The vote upon every motion,
2 resolution or ordinance shall be taken by roll call, and the
3 yeas and nays shall be entered on the minutes. The minutes of
4 each meeting shall be signed by the officer presiding at the
5 meeting and by the municipal clerk or secretary.
6 (c) Administrative ordinance.--Council shall adopt by
7 ordinance an administrative ordinance which shall provide for
8 the establishment and filling of additional administrative
9 offices which it deems necessary and shall provide for
10 administrative procedures not otherwise provided for in this
11 subpart or by general law.
12 (d) Compensation of controller and treasurer.--The
13 compensation of the controller and treasurer shall be fixed by
14 the council.
15 § 3143. Adoption of ordinances.
16 (a) General rule.--Except as may otherwise be provided in
17 this subpart, all ordinances shall be adopted and published as
18 provided by law. Any ordinance may incorporate by reference any
19 standard technical regulation or code, official or unofficial,
20 which need not be so published whenever ten copies of the
21 regulations or code have been placed on file in the office of
22 the municipal clerk or secretary and in the office of the body
23 or department charged with the enforcement of the ordinance.
24 (b) Effective date.--No ordinance, other than the local
25 budget ordinance, shall take effect less than ten days after its
26 final passage by council and approval by the executive (mayor)
27 where that approval is required, unless the council adopts a
28 resolution declaring an emergency and at least a majority plus
29 one of all the members of the council vote in favor of the
30 resolution.
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1 § 3144. Recording and compilation of ordinances and
2 resolutions.
3 The municipal clerk or secretary shall record all ordinances
4 and resolutions adopted by council and, at the close of each
5 year, with the advice and assistance of the municipal solicitor,
6 shall bind, compile or codify all the ordinances and
7 resolutions, or true copies thereof, which then remain in force
8 and effect. He shall also properly index the record books,
9 compilation or codification of ordinances and resolutions.
10 § 3145. Filing and publication of rules and regulations.
11 No rule or regulation made by any department, officer, agency
12 or authority of the municipality, except as it relates to the
13 organization or internal management of the municipal government
14 or a part thereof, shall take effect until it is filed either
15 with the municipal clerk or secretary or in any other manner
16 provided by ordinance. The council shall provide for the prompt
17 publication of such rules and regulations.
18 § 3146. Passage of administrative ordinance.
19 The council shall prepare and pass an administrative
20 ordinance which shall provide for the manner of appointment of a
21 solicitor, clerk or secretary, may create commissions and other
22 bodies with advisory powers and may include additional
23 provisions relating to the internal structure of the
24 municipality as long as the provisions of the administrative
25 ordinance are not in conflict with this subpart.
26 SUBCHAPTER F
27 AUDIT AND CONTROL
28 Sec.
29 3151. Exercise of financial management control functions.
30 3152. Post audits by independent auditor.
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1 3153. Selection of controller.
2 § 3151. Exercise of financial management control functions.
3 The council shall provide by separate ordinance or in the
4 administrative ordinance for the exercise of a control function
5 in the management of the finances of the municipality by the
6 municipal controller or an independent auditor or, in the case
7 of the optional plan set forth in Subchapter F of Chapter 30
8 (relating to optional county plan), by the controller or
9 auditors.
10 § 3152. Post audits by independent auditor.
11 The council may provide for annual post audits of all
12 accounts by an independent auditor who shall be a certified
13 public accountant registered in this Commonwealth or a firm of
14 certified public accountants registered in this Commonwealth.
15 § 3153. Selection of controller.
16 Under any of the optional plans as set forth in this subpart,
17 except for the plans set forth in Subchapter F of Chapter 30
18 (relating to optional county plan), the office of controller may
19 be omitted or it may be filled by election by the electors
20 rather than by appointment when recommended by the government
21 study commission and adopted by the electors. If the office of
22 controller is to be filled by appointment, a controller shall be
23 appointed for an indefinite term by a majority of the members of
24 the governing body.
25 SUBCHAPTER G
26 TRANSITION TO OPTIONAL PLAN GOVERNMENT
27 Sec.
28 3161. Applicability of plan.
29 3162. Status and term of office of officials.
30 3163. Compensation of elected officials.
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1 3164. Status of existing ordinances and resolutions.
2 3165. Abolishment of existing appointive offices.
3 3166. Pending actions and proceedings.
4 § 3161. Applicability of plan.
5 Whenever the electors of a municipality adopt any of the
6 optional plans provided by this subpart at any election for that
7 purpose, the municipality shall be governed under the provisions
8 of that plan, the provisions of law applicable to that class of
9 municipality and this subpart from the first Monday in January
10 following the municipal election occurring after the next
11 succeeding primary election, except as provided in section 2924
12 (c) (relating to specificity of recommendations).
13 § 3162. Status and term of office of officials.
14 (a) Existing elected official.--Any elected municipal
15 official in office at the time of the adoption of any optional
16 plan provided by this subpart shall continue in office only
17 until the new plan of government goes into effect as provided in
18 section 3161 (relating to applicability of plan), except as
19 otherwise provided in subsections (c) and (d).
20 (b) Members of council.--At the municipal election next
21 succeeding the adoption of one of the optional plans provided
22 for in this subpart, if four or fewer council members are
23 elected, they shall serve for terms of four years. If five are
24 elected, the four successful candidates receiving the highest
25 percentage of the votes cast for the office to which they are
26 elected shall serve for terms of four years, and the candidate
27 receiving the next highest percentage of votes shall serve for a
28 term of two years. If six or more council members are elected,
29 the five candidates receiving the highest percentage of the
30 votes cast for the office to which they are elected shall serve
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1 for terms of four years, and the remaining successful candidates
2 receiving the next highest percentage of votes shall serve for
3 terms of two years. Thereafter, all council members shall be
4 elected for terms of four years. Where the term of office for
5 council members under the adopted plan is different from the
6 term of office for council members under an existing form of
7 government, the terms of office for council members so elected
8 shall be established so that, at each subsequent municipal
9 election at which council members are elected, the number of
10 council members to be elected shall be as nearly equal as
11 possible to the number of council members to be elected at every
12 other regular municipal election at which council members are
13 elected.
14 (c) Treasurer, controller, district attorney and sheriff.--
15 If an elected municipal treasurer or elected municipal
16 controller, elected county district attorney or elected county
17 sheriff is in office at the time of the adoption of an optional
18 plan under the provisions of this subpart, a treasurer,
19 controller, district attorney or sheriff, as the case may be,
20 shall not be elected or appointed to take office until after the
21 resignation, death, removal or expiration of the term of the
22 incumbent in the office. At the expiration of the term of the
23 incumbent, a treasurer, controller, district attorney or
24 sheriff, as the case may be, shall be elected or appointed for
25 the full term for the office as provided by the optional plan
26 adopted.
27 (d) Continuation of existing members of council in office.--
28 Any member of a municipal governing body in office at the time
29 of the adoption of an optional plan shall remain in office,
30 continuing as an at-large or district council member, as the
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1 case may be, until the expiration of this term in office and
2 shall receive the compensation provided by law at that time:
3 (1) If that council member was elected on an at-large
4 basis, the newly adopted optional plan provides for a total
5 number of at-large council members equal to or exceeding the
6 total number of at-large council members under the existing
7 form of government.
8 (2) If that council member was elected on a district
9 basis, the district from which that council member was
10 elected remains unchanged and continues to encompass the
11 exact same geographical area under the newly adopted optional
12 plan as under the existing form of government and the number
13 of council members to be elected from that district under the
14 newly adopted optional plan is equal to or exceeds the number
15 elected from that district under the existing form of
16 government.
17 Any council member may, by writing filed with the municipal
18 treasurer, direct that any portion of his annual compensation
19 for serving in office be returned to the municipal treasury. For
20 the purpose of this section, an executive or mayor who is also a
21 member of the council under an existing plan shall be considered
22 as a member of the council, and after the new plan goes into
23 effect, his duties shall be only those of a member of council as
24 prescribed by the new plan.
25 (e) Number of members of council to be elected.--At the
26 municipal election next succeeding the adoption of one of the
27 optional plans provided for in this subpart, the number of
28 council members prescribed by the terms in the plan less the
29 number of council members then in office whose terms do not
30 expire on the first Monday of January next following, as may be
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1 determined by subsection (d), shall be elected.
2 (f) Filling vacancies on council existing prior to
3 election.--If there are vacancies in council occurring by reason
4 of resignation, death or removal 90 days or more before the
5 election, they shall be filled for the remainder of the term of
6 the person originally elected to that office.
7 § 3163. Compensation of elected officials.
8 (a) Officials elected prior to transition year.--The annual
9 compensation of the executive (mayor) and council members
10 elected to their offices in the year prior to the transition
11 year under any of the optional plans, except the plan set forth
12 in Subchapter F of Chapter 30 (relating to optional county
13 plan), adopted pursuant to this subpart, shall be established by
14 the commission as part of its recommendations or by the
15 initiative petition or ordinance of the governing body
16 authorized by sections 2942 (relating to initiation of amendment
17 by electors or council), 2943 (relating to petition for
18 referendum or ordinance proposing amendment) and 2944 (relating
19 to time and manner of submission of question).
20 (b) Officials elected subsequent to transition.--The
21 compensation of the executive (mayor), council members,
22 controller and treasurer elected to their offices subsequent to
23 the transition to any of the optional plans set forth in this
24 subpart, except for the plan set forth in Subchapter F of
25 Chapter 30, shall be fixed by ordinance of council adopted at
26 least two days prior to the last day fixed by law for candidates
27 to withdraw their names from nomination previous to the
28 municipal election. After the compensation is fixed by
29 ordinance, only an increase or decrease thereof need be fixed by
30 the ordinance.
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1 § 3164. Status of existing ordinances and resolutions.
2 On the effective date of an optional plan adopted pursuant to
3 this subpart, all ordinances and resolutions of the municipality
4 to the extent that they are not inconsistent with the provisions
5 of this subpart shall remain in full force and effect.
6 § 3165. Abolishment of existing appointive offices.
7 (a) General rule.--On the effective date of an optional plan
8 adopted pursuant to this subpart, all appointive offices then
9 existing in such municipality shall be abolished and the terms
10 of all appointed officers shall immediately cease and terminate.
11 This section does not abolish the office or terminate the terms
12 of office of any alderman or constable or of any official or
13 employee now protected by any tenure of office or civil service
14 law, or of any police officer or firefighter, whether or not
15 protected by a tenure of office law.
16 (b) Use of resolution to govern interim proceedings.--
17 Provisions for officers and for the organization and
18 administration of the municipal government under the optional
19 plan may be made by resolution pending the adoption of
20 ordinances, but any such resolution shall expire not later than
21 60 days after the effective date of the optional plan.
22 § 3166. Pending actions and proceedings.
23 All actions and proceedings of a legislative, executive or
24 judicial character, pending upon the effective date of an
25 optional plan, may continue. The appropriate officer or employee
26 under the optional plan shall be substituted for the officer or
27 employee exercising or discharging the function, power or duty
28 involved in the action or proceeding before the effective date.
29 SUBCHAPTER H
30 REPEAL OF OPTIONAL PLAN
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1 Sec.
2 3171. Repeal of optional plan and establishment of new
3 form of government.
4 § 3171. Repeal of optional plan and establishment of new form
5 of government.
6 (a) General rule.--The procedure for repeal of an optional
7 plan shall be the same as for adoption of an optional plan as
8 provided in Subchapter B of Chapter 29 (relating to procedure
9 for adoption of a home rule charter or optional plan of
10 government), excluding the procedure provided in sections 2942
11 (relating to initiation of amendment by electors or council),
12 2943 (relating to petition for referendum or ordinance proposing
13 amendment) and 2944 (relating to time and manner of submission
14 of question). Whenever the electors, by a majority vote of those
15 voting on the question, vote in favor of repeal of an optional
16 plan and the establishment of a particular form of government,
17 the municipality shall be governed under the form of government
18 selected by the electors. The form of government so approved
19 shall take effect on the first Monday of January following the
20 municipal election at which the elective officials of the form
21 of government selected by the electors shall have been elected.
22 The government study commission shall provide in its report for
23 the new form of government to be established.
24 (b) Amendment procedure.--This section does not prohibit or
25 limit the procedure provided in sections 2942, 2943 and 2944 to
26 amend an optional plan.
27 PART V
28 PUBLIC IMPROVEMENTS, UTILITIES AND SERVICES
29 Subpart
30 A. General Provisions
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1 SUBPART A
2 GENERAL PROVISIONS
3 Chapter
4 54. Business Improvement Districts
5 CHAPTER 54
6 BUSINESS IMPROVEMENT DISTRICTS
7 Sec.
8 5401. Short title and scope of chapter.
9 5402. Definitions.
10 5403. Powers of governing body.
11 5404. Administrative services provided by cities of the
12 second class.
13 5405. Assessment authorized.
14 5406. Method and payment of assessment.
15 § 5401. Short title and scope of chapter.
16 (a) Short title of chapter.--This chapter shall be known and
17 may be cited as the Business Improvement District Act.
18 (b) Scope of chapter.--This chapter applies to municipal
19 corporations.
20 § 5402. Definitions.
21 The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Costs of improvements." Engineering, architectural,
25 attorney or other consulting fees, preliminary planning,
26 feasibility studies, financing costs and other costs necessary
27 and incidental to the completion of the improvement.
28 § 5403. Powers of governing body.
29 The governing body of every municipal corporation shall have
30 the power:
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1 (1) To establish within the municipal corporation an
2 area or areas designated as a business improvement district
3 which district or districts may be designated as all or part
4 of any community which is zoned commercial or which is used
5 for general commercial purposes.
6 (2) To appropriate and expend those amounts as may be
7 necessary for preliminary planning or feasibility studies to
8 determine needed improvements in business improvement
9 districts, to recommend improvement to individual properties
10 and to provide where required basic design criteria. Public
11 hearings shall be required before passage of the enabling
12 ordinance at which any interested party may be heard. Notice
13 of the hearings shall be advertised at least ten days prior
14 thereto in a newspaper circulating in the municipal
15 corporation. The ordinance shall specify improvements, with
16 respective costs. The ordinance shall not become effective
17 if, before the expiration of 20 days after its enactment,
18 property owners of the proposed district whose property
19 valuation as assessed for taxable purposes amounts to more
20 than 50% of the total property valuation of the district sign
21 and file, in the office of the prothonotary of the court of
22 common pleas, a written protest against the ordinance.
23 (3) To appropriate and expend in accordance with the
24 specific provisions of the enabling ordinance such amounts as
25 may be required to acquire by purchase or lease real or
26 personal property to effectuate the purposes of the
27 improvement district, including sidewalks, retaining walls,
28 street paving, street lighting, parking lots, parking
29 garages, trees and shrubbery purchased and planted,
30 pedestrian walks, sewers, water lines and rest areas and
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1 acquisition and remodeling or demolition of blighted
2 buildings and similar or comparable structures. No
3 improvement shall be made to property which has not been
4 acquired.
5 (4) To acquire by gift, purchase or eminent domain,
6 land, real property or rights-of-way which may be needed for
7 the purposes of the projected improvements within the
8 district.
9 (5) To issue bonds, notes or guarantees in accordance
10 with the provisions of general laws authorizing borrowing by
11 cities of the first class or in accordance with Subpart B of
12 Part VII (relating to indebtedness and borrowing), whichever
13 is applicable, in the amounts and for the periods necessary
14 to finance the projected improvements for any district.
15 § 5404. Administrative services provided by cities of the
16 second class.
17 In addition to the powers of the governing body established
18 in section 5403 (relating to powers of governing body), cities
19 of the second class shall have the power to provide
20 administrative services, that is, those services which improve
21 the ability of the commercial establishments of the district to
22 serve the consumer, including, but not limited to, free or
23 reduced fee parking for customers, transportation repayments,
24 public relations programs, group advertising, and district
25 maintenance and security services.
26 § 5405. Assessment authorized.
27 The governing body may impose an assessment on each benefited
28 property within a business improvement district which shall be
29 determined by the total cost of the improvements in the district
30 but not in excess of the amount legally assessable.
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1 § 5406. Method and payment of assessment.
2 (a) Method.--The total cost of the administrative services
3 or improvements in the district shall be assessed to all of the
4 benefited properties in the district by one of the following
5 methods:
6 (1) By an assessment determined by multiplying the total
7 service and improvement cost by the ratio of the assessed
8 value of the benefited property to the total assessed
9 valuation of all benefited properties in the district.
10 (2) By an assessment upon the several properties in the
11 district in proportion to benefits as ascertained by viewers
12 appointed in accordance with law.
13 (3) In the case of improvements by an assessment upon
14 the several properties in the district abutting the
15 improvements or benefiting from the services, or, where more
16 than one type of improvement or service is involved,
17 designated types, by the front-foot method, with equitable
18 adjustments for corner properties and other cases provided
19 for in the assessment ordinance. Any property which cannot be
20 equitably assessed by the front-foot method may be assessed
21 by the method provided in paragraph (2).
22 (b) Payment.--The governing body may by ordinance authorize
23 the payment of the assessment in equal annual or more frequent
24 installments over such time and bearing interest at the rate
25 specified in the ordinance. If bonds have been issued and sold,
26 or notes or guarantees have been given or issued, to provide for
27 the cost of the services and improvements, the assessment in
28 equal installments shall not be payable beyond the term for
29 which the bonds, notes or guarantees are payable.
30 (c) Claims to secure assessments.--Claims to secure the
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1 assessments shall be entered in the prothonotary's office at the
2 time and in the form and shall be collected in the manner that
3 municipal claims are filed and collected. If installment
4 payments are authorized pursuant to subsection (b), the
5 ordinance may contain any or all of the following provisions:
6 (1) Notwithstanding the filing of the claims, all
7 assessments which are made payable in installments shall
8 constitute liens and encumbrances upon the respective
9 benefited properties, at the beginning of each calendar year,
10 except as provided in paragraph (2), only in an amount equal
11 to the sum of:
12 (i) the annual or other installments becoming
13 payable in such year, with interest and penalties, if
14 any, thereon; and
15 (ii) the total of all installments, with interest
16 and penalties thereon, which became due during prior
17 years and which remain due and unpaid at the beginning of
18 the current year.
19 (2) In the case of default in the payment of any
20 installment and interest for a period of 90 days after the
21 payment becomes due, the assessment ordinance may provide
22 either for the entire assessment, with accrued interest and
23 penalties to become due and become a lien from the due date
24 of the installment, or may provide solely for the enforcement
25 of the claim as to the overdue installment, with interest and
26 penalties, in which case the ordinance shall further provide
27 that if any installment or portion thereof remains due and
28 unpaid for one year after it has become due and payable, then
29 the entire assessment with accrued interest and penalties
30 shall become due and become a lien from the due date of the
19950S0689B2340 - 148 -
1 installment.
2 (3) No action taken to enforce a claim for any
3 installment or installments shall affect the status of any
4 subsequent installment of the same assessment, each of which
5 shall continue to become a lien upon the property annually
6 pursuant to paragraph (1).
7 (4) The ordinance may contain any other provision
8 relating to installment assessments which is not inconsistent
9 with applicable law.
10 (d) Payment in full.--Any owner of property, against whom an
11 assessment has been made, may pay the assessment in full, at any
12 time, with accrued interest and costs thereon, and such a
13 payment shall discharge the lien of the assessment, or
14 installments then constituting a lien, and shall also release
15 the claim to any later installments.
16 (e) Benefits from administrative services.--No residential
17 property shall be assessed under this chapter for any benefit
18 received from administrative services.
19 (f) Construction of chapter.--Any reference in this chapter
20 to services shall mean only those services provided by a city of
21 the second class.
22 PART VII
23 TAXATION AND FISCAL AFFAIRS
24 Subpart
25 B. Indebtedness and Borrowing
26 SUBPART B
27 INDEBTEDNESS AND BORROWING
28 Chapter
29 80. General Provisions
30 81. Incurring Debt and Issuing Bonds and Notes
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1 82. Miscellaneous Provisions
2 CHAPTER 80
3 GENERAL PROVISIONS
4 Subchapter
5 A. Preliminary Provisions
6 B. Limitations on Debt of Local Government Units
7 C. Procedure for Securing Approval of Electors
8 SUBCHAPTER A
9 PRELIMINARY PROVISIONS
10 Sec.
11 8001. Short title, scope and applicability of subpart.
12 8002. Definitions.
13 8003. Advertisement and effectiveness of ordinances.
14 8004. When lease or other agreement evidences acquisition
15 of capital asset.
16 8005. Classification and authority to issue bonds and notes.
17 8006. Preliminary cost estimates.
18 8007. Cost of project.
19 8008. Home rule.
20 8009. Guaranty funds and compulsory associations.
21 § 8001. Short title, scope and applicability of subpart.
22 (a) Short title of subpart.--This subpart shall be known and
23 may be cited as the Local Government Unit Debt Act.
24 (b) Scope of subpart.--This subpart shall apply to all local
25 government units.
26 (c) Exemption of bonds and notes from taxation in this
27 Commonwealth.--All bonds or notes, including tax anticipation
28 notes issued by any local government unit under this subpart or
29 the act of June 25, 1941 (P.L.159, No.87), known as the
30 Municipal Borrowing Law, their transfer and the income
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1 therefrom, including any profits made on the sale thereof, shall
2 be free from taxation for State and local purposes within this
3 Commonwealth. This exemption does not apply to inheritance and
4 estate taxes under Article XXI of the act of March 4, 1971
5 (P.L.6, No.2), known as the Tax Reform Code of 1971, or any
6 other taxes not levied directly on the bonds or notes, the
7 transfer, the income or the realization of profits on the sale.
8 (d) Exclusive procedure.--A local government unit may borrow
9 money on bonds or notes, including tax anticipation notes, only
10 as provided in this subpart. This subpart provides an exclusive
11 and uniform system on the subjects covered by this subpart.
12 § 8002. Definitions.
13 (a) Classification of debt.--With respect to classifications
14 of debt and subject to additional definitions contained in
15 subsequent provisions of this subpart which are applicable to
16 specific provisions of this subpart, the following words and
17 phrases when used in this subpart shall have the meanings given
18 to them in this section unless the context clearly indicates
19 otherwise:
20 "Debt." The amount of all obligations for the payment of
21 money incurred by the local government unit, whether due and
22 payable in all events, or only upon the performances of work,
23 possession of property as lessee, rendering of services by
24 others or other contingency, except the following:
25 (1) Current obligations for the full payment of which
26 current revenues have been appropriated, including tax
27 anticipation notes, and current payments for the funding of
28 pension plans.
29 (2) Obligations under contracts for supplies, services
30 and pensions allocable to current operating expenses of
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1 future years in which the supplies are to be expended or
2 furnished, the services rendered or the pensions paid.
3 (3) Rentals or payments payable in future years under
4 leases, guaranties, subsidy contracts or other forms of
5 agreement not evidencing the acquisition of capital assets.
6 This exception shall not apply to rentals or payments under
7 any instruments which would constitute lease rental debt but
8 for the fact that the lessor or obligee is not an entity
9 described in section 8004(a)(1) (relating to when lease or
10 other agreement evidences acquisition of capital assets).
11 (4) Interest or assumed taxes payable on bonds or notes
12 which interest or taxes is not yet overdue.
13 "Electoral debt." All net debt incurred with the assent of
14 the electors, given as provided in this subpart whether issued
15 by a local government unit or through an authority.
16 "Lease rental debt." The principal amount of authority bonds
17 or notes or bonds or notes of another local government unit to
18 be repaid from payments of the local government unit made
19 pursuant to leases, guaranties, subsidy contracts or other forms
20 of agreement where those payments are or may be made out of the
21 tax and other general revenues of a local government unit under
22 leases, guaranties, subsidy contracts or other forms of
23 agreement which evidence the acquisition of capital assets,
24 excluding any amount which has been approved by the electors.
25 "Net lease rental debt." A portion of lease rental debt as
26 determined under Subchapter B (relating to limitations on debt
27 of local government units).
28 "Net nonelectoral debt." A portion of nonelectoral debt as
29 determined in accordance with Subchapter B (relating to
30 limitations on debt of local government units).
19950S0689B2340 - 152 -
1 "Nonelectoral debt." All debt determined as provided in this
2 subpart, incurred or authorized to be incurred, except electoral
3 debt and lease rental debt, in each case whether authorized
4 before or after July 12, 1972, and whether before or after the
5 debt is incurred.
6 (b) Exclusions from debt.--With respect to exclusions from
7 any particular category of debt and subject to additional
8 definitions contained in subsequent provisions of this subpart
9 which are applicable to specific provisions of this subpart, the
10 following words and phrases when used in this subpart shall have
11 the meanings given to them in this section unless the context
12 clearly indicates otherwise:
13 "Self-liquidating debt." Debt payable solely from rents,
14 rates or other charges to the ultimate users of the project, to
15 be financed in whole or in part by that debt, or payable solely
16 from special levies or assessments of benefits lawfully
17 earmarked exclusively for that purpose. The term also includes
18 debt or any portion thereof at the time qualified as self-
19 liquidating pursuant to this subpart, whether or not solely
20 payable from those sources. The term "ultimate users" includes
21 the local government unit itself only where its use of the
22 project is incidental to the use of the project by other users.
23 "Subsidized debt." The amount of debt which is self-
24 liquidating to the local government unit because the annual debt
25 service on the amount for the fiscal year next following the
26 time of determination will be covered by one of the following:
27 (1) Payments of subsidies on account of the cost of the
28 project or on account of operations, but measured by the cost
29 of the project, or which will be covered by capital account
30 reimbursements, which subsidies or reimbursements will be
19950S0689B2340 - 153 -
1 paid by either the Commonwealth or the Federal Government, or
2 both, where such payments under the legislation in force at
3 the time of determination are stated to be of a recurring
4 nature, if the Commonwealth or the Federal Government shall
5 have preliminarily or finally qualified the project for the
6 subsidy or reimbursement, all as determined under section
7 8024 (relating to exclusion of subsidized debt from net
8 nonelectoral debt or net lease rental debt).
9 (2) Payments under a subsidy contract with another local
10 government unit or under a subsidy contract with an authority
11 and the amount is lawful lease rental debt as to the other
12 local government unit as determined under section 8024.
13 (c) Other definitions.--Subject to additional definitions
14 contained in subsequent provisions of this subpart which are
15 applicable to specific provisions of this subpart, the following
16 words and phrases when used in this subpart shall have the
17 meanings given to them in this section unless the context
18 clearly indicates otherwise:
19 "Accountant." A certified public accountant or public
20 accountant or a firm of either of them.
21 "Authority." An authority or nonprofit corporation organized
22 under any statute by or on behalf of the Commonwealth or any
23 local government unit or jointly by any one or more of them.
24 "Bond or note." Any instrument issued by a local government
25 unit imposing an obligation for the repayment of money borrowed,
26 but not including a guaranty endorsed on an instrument issued by
27 an authority. Unless otherwise indicated, the term does not
28 include tax anticipation notes. A bond or a note which is a
29 security as defined in 13 Pa.C.S. Div. 8 (relating to investment
30 securities) shall be governed by 13 Pa.C.S. Div. 8 and every
19950S0689B2340 - 154 -
1 other bond or note shall be governed by Subchapter C (relating
2 to procedure for securing approval of electors), except in each
3 case as otherwise provided in this subchapter.
4 "Borrowing base." The annual arithmetic average of the total
5 revenues for the three full fiscal years ended next preceding
6 the date of the incurring of nonelectoral debt or lease rental
7 debt as set forth in a certificate stating the total revenues in
8 each of these years and stating the average, executed by the
9 authorized officials of the local government unit or by an
10 independent accountant. If, within that three-year period, there
11 has been an expansion or contraction of the territorial or
12 functional jurisdiction of a local government unit through
13 transfer, merger, annexation or assumption, in whole or in part,
14 in relation to another local government unit or an authority,
15 the borrowing base shall be calculated as if the expansion or
16 contraction had occurred within or prior to the commencement of
17 the three-year period in the manner as the statutes, charter
18 provisions or court decree provide or direct or, in the absence
19 of those provisions, as the department approves.
20 "Department." The Department of Community Affairs of the
21 Commonwealth.
22 "General obligation." In the title of a bond or note, means
23 a bond or note for the payment of which the full faith, credit
24 and taxing power of the local government unit is pledged, for
25 the payment of which the local government unit has entered into
26 the required covenant under section 8104 (relating to covenant
27 to pay bonds or notes or a guaranty), and for the payment of
28 which no specific revenues are pledged.
29 "Governing body." The authorities in each local government
30 unit authorized by law to levy taxes or fix the tax rate of the
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1 local government unit. The term also includes the school board
2 of a school district and the board or officers authorized to
3 make binding commitments for joint local government units, even
4 though that body has no power to levy taxes.
5 "Guaranteed revenue." In the title of a bond or note, means
6 a bond or note of a local government unit payable in whole or in
7 part from pledged revenues, but which becomes wholly or partly a
8 general obligation of the local government unit, as guarantor in
9 the event of deficiency in the pledged revenues.
10 "Guaranty." A guaranty, whether conditional or unconditional
11 and whether full or partial, to or for the benefit of holders of
12 bonds or notes of the local government unit or holders of bonds
13 or notes or other obligations of an authority or another local
14 government unit, of the payment of the principal of and interest
15 on the bonds or notes, the premium, if any, and assumed taxes,
16 if any, on those obligations.
17 "Incur" or "incurred." When used with respect to debt, means
18 the point in time when, in the case of debt assented to by the
19 electors, the assent has been given, and, in the case of
20 nonelectoral or other debt the first ordinance or in the case of
21 small borrowings under section 8109 (relating to small borrowing
22 for capital purposes), the resolution authorizing the debt has
23 been finally enacted or adopted, unless the authority for the
24 debt has been canceled or terminated as provided in this
25 subpart. Final enactment or adoption means the final act
26 necessary to make an ordinance or resolution, as the case may
27 be, effective pursuant to all requirements of law, including any
28 necessary approval by a mayor or other executive officer or
29 failure of action by the mayor or officer within a specified
30 statutory time limit, or passage over the veto of a mayor or of
19950S0689B2340 - 156 -
1 the officer, but does not include any required advertising
2 subsequent to the date of adoption by the governing body of the
3 local governing unit.
4 "Issue." All bonds authorized to be sold in respect of a
5 particular project, whether authorized to be sold at one time or
6 from time to time in one or more series.
7 "Local government unit." A county, county institution
8 district, city, borough, incorporated town, township, school
9 district or any similar, general or limited purpose unit of
10 local government or any unit created by joint action of two or
11 more local government units which is authorized to be created by
12 law. The term does not include a city or county of the first
13 class, an authority as defined in this section or any unit
14 created by joint action of two or more local government units
15 which have not been granted by statute the power to issue bonds.
16 The term includes school districts of the first class presently
17 operating under a home rule charter or home rule charter
18 supplement and the provisions of this subpart shall govern over
19 inconsistent charter provisions.
20 "Ordinance." The formal action of a local government unit,
21 whether, under the law applicable to the local government unit,
22 the action is taken by ordinance or by resolution, to which the
23 requirements of section 8003 (relating to advertisement and
24 effectiveness of ordinances) applies.
25 "Project." Includes any of the following:
26 (1) Items of construction, acquisition, extraordinary
27 maintenance or repair which have been undertaken by a local
28 government unit.
29 (2) Preliminary studies, surveying, planning, testing or
30 design work for any undertaking described in paragraph (1).
19950S0689B2340 - 157 -
1 (3) Lands or rights in land to be acquired.
2 (4) Furnishings, machinery, apparatus or equipment
3 normally classified as capital items, but these items must
4 have a useful life of five years or more if financed
5 separately and not as a part of a construction or acquisition
6 project.
7 (5) The local government unit's share of the cost of a
8 project undertaken jointly with one or more other local
9 government units or the Commonwealth or one of its agencies.
10 (6) County-wide revision of assessment of real property.
11 (7) Funding of all or any portion of a reserve, or a
12 contribution toward a combined reserve, pool or other
13 arrangement, relating to self-insurance, which has been
14 established by one or more local government units, pursuant
15 to 42 Pa.C.S. § 8564 (relating to liability insurance and
16 self-insurance), up to, but not exceeding, the amount
17 provided in section 8007 (relating to cost of project).
18 (8) Funding of an unfunded actuarial accrued liability
19 or a portion of an unfunded actuarial accrued liability.
20 (9) Funding or refunding of debt incurred for any or all
21 of the foregoing purposes.
22 (10) Any combination of any or all of the foregoing as
23 any or all of the above may be designated as a project by the
24 governing body for the financing of which it desires to incur
25 debt.
26 (11) Any deficit to be funded by bonds or notes as
27 provided in this subpart or the creation of a revolving fund
28 for specific improvements.
29 (12) Where a local government unit has adopted a capital
30 budget, any unfunded portion of the capital budget selected
19950S0689B2340 - 158 -
1 by ordinance for current funding.
2 "Resolution." A formal action of a governmental unit other
3 than an ordinance, whether, under the law applicable to the
4 local government unit, the action is taken by ordinance or by
5 resolution, to which section 8003 (relating to advertisement and
6 effectiveness of ordinances) does not apply.
7 "Revenue." In the title of a bond or note not preceded by
8 the word guaranteed, means a bond or note payable solely from
9 user charges, rates, revenues, rentals, fees, special
10 assessments and receipts pledged for the purpose.
11 "Series." All the bonds or notes to be sold and delivered at
12 one time in respect of one project or of any two or more
13 projects which have been combined for purposes of financing or
14 where the bonds or notes have been combined for sale as provided
15 in this subpart.
16 "Sinking fund." The special fund created pursuant to section
17 8221 (relating to creation of sinking funds and deposits,
18 reserves and surplus funds) for the payment of the principal of
19 and interest on bonds or notes, premium, if any, and assumed
20 taxes, if any, or for the payment of a guaranty.
21 "Tax anticipation notes." Notes issued in anticipation of
22 taxes, in anticipation of revenues or in anticipation of both as
23 designated in the notes.
24 "Total revenues." All moneys received by the local
25 government unit in a fiscal year from whatever source derived,
26 except the following:
27 (1) Subsidies or reimbursements from the Federal
28 Government or from the Commonwealth measured by the cost of,
29 or given or paid on account of, a particular project financed
30 by debt.
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1 (2) Project revenues, rates, receipts, user charges,
2 special assessments and special levies which are or will be
3 pledged or budgeted for specific self-liquidating debt, or
4 for payments under leases, guaranties, subsidy contracts or
5 other forms of agreement which could constitute lease rental
6 debt except that the payments are payable solely from these
7 sources, but that portion thereof that has been returned to
8 or retained by the local government unit shall not be
9 excluded.
10 (3) Interest on moneys in sinking funds, reserves and
11 other funds, which interest is pledged or budgeted for the
12 payment or security of outstanding debt, and interest on bond
13 or note proceeds, if similarly pledged.
14 (4) Grants and gifts in aid of or measured by the
15 construction or acquisition of specified projects.
16 (5) Proceeds from the disposition of capital assets, and
17 other nonrecurring items including bond or note proceeds not
18 considered income under generally accepted municipal
19 accounting principles.
20 "Unfunded actuarial accrued liability." With respect to a
21 local government unit retirement system, pension plan or pension
22 trust fund, the excess of the actuarial accrued liability over
23 the actuarial value of assets of the retirement system, pension
24 plan or pension trust fund, computed as follows:
25 (1) In the case of a local government unit that is
26 subject to the act of December 18, 1984 (P.L.1005, No.205),
27 known as the Municipal Pension Plan Funding Standard and
28 Recovery Act, in accordance with the requirement REQUIREMENTS <--
29 of that act.
30 (2) In the case of a local government unit that is not
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1 subject to the Municipal Pension Plan Funding Standard and
2 Recovery Act, in accordance with the applicable laws for that
3 local government unit regarding minimum funding requirements
4 for the unit's retirement system, pension plan or pension
5 trust fund or, if there are no such laws, in accordance with
6 the ordinance, resolution or contract under which the local
7 government unit participates in the retirement system,
8 pension plan or pension trust fund.
9 In the case of a local government unit that participates in a
10 retirement system, pension plan or pension trust fund for
11 employees of more than one local government unit, including an
12 association of local government units cooperating under
13 Subchapter A of Chapter 23 (relating to intergovernmental
14 cooperation), the term includes the local government unit's pro
15 rata share of the total unfunded actuarial accrued liability of
16 the retirement system, pension plan or pension trust fund, as
17 the pro rata share may be determined under the applicable laws
18 or, if there are no applicable laws, under the ordinance,
19 resolution or contract under which the local government unit
20 participates in the retirement system, pension plan or pension
21 trust fund.
22 § 8003. Advertisement and effectiveness of ordinances.
23 (a) Advertisement of ordinances.--Notwithstanding any other
24 statute to the contrary, an ordinance required to be adopted by
25 this subpart shall be advertised not less than three nor more
26 than 30 days prior to its enactment. The advertisement shall
27 appear once in a newspaper of general circulation in the area of
28 the local government unit, shall set forth a summary of the
29 contents of the ordinance and shall state that a copy of the
30 full proposed text thereof may be examined by any citizen in the
19950S0689B2340 - 161 -
1 office of the secretary of the local government unit at the
2 address and during the reasonable hours stated in the
3 advertisement.
4 (b) Notice of enactment.--Not later than 15 days after the
5 final enactment of the ordinance, a notice of the enactment
6 shall be advertised once in a newspaper of general circulation
7 in the local government unit. This notice shall state:
8 (1) Briefly, the substance of any amendments made during
9 final passage, and, where applicable:
10 (i) in respect of lease rental debt the range of
11 lease rental payments; and
12 (ii) in other cases, the price bid for bonds or
13 notes and the range of interest rates named in the
14 successful bid.
15 (2) That the final text of the ordinance as enacted may
16 be examined by any citizen in the office of the secretary of
17 the local government unit at the address and during the
18 reasonable hours stated in the notice.
19 (c) Effectiveness of ordinance.--The ordinance shall be
20 valid and effective for all purposes on the fifth day after the
21 second advertisement. The second advertisement shall be
22 conclusive, so far as concerns the effectiveness of the
23 ordinance or the validity of any debt incurred, as to the
24 existence of all matters recited or referred to therein unless
25 an action questioning the validity or effectiveness has been
26 filed in timely manner as provided in this subpart, but the
27 conclusiveness shall not affect the liability of any person for
28 failure to permit inspection. No other or different publication
29 shall be required notwithstanding the provisions of any other
30 statute.
19950S0689B2340 - 162 -
1 § 8004. When lease or other agreement evidences acquisition of
2 capital asset.
3 (a) General rule.--A lease, guaranty, subsidy contract or
4 other agreement entered into by a local government unit shall
5 evidence the acquisition of a capital asset if:
6 (1) the lessee or obligor is a local government unit and
7 the lessor or obligee is an authority organized under any law
8 of this Commonwealth, another local government unit, a
9 nonprofit corporation, the State Public School Building
10 Authority or other agency or authority of the Commonwealth;
11 (2) the payments, or any portion thereof, which are
12 payable in a subsequent fiscal year or subsequent fiscal
13 years and which are applicable to debt service requirements
14 or capital costs are payable, whether in all events or only
15 upon the happening of certain events, under the terms of the
16 instrument from the tax or general revenues of the local
17 government unit; and
18 (3) upon termination of the lease guaranty, subsidy
19 contract or other agreement or upon dissolution of the lessor
20 or obligee, whether before or after the termination of the
21 lease, title to the subject project or premises or a given
22 part thereof or undivided interest therein, shall or, at the
23 option of the local government unit, may vest by agreement or
24 operation of law in the local government unit or in the
25 Commonwealth.
26 (b) Agreement exceeding useful life of asset.--A lease,
27 guaranty, subsidy contract or other form of agreement entered
28 into by a local government unit shall also evidence the
29 acquisition of a capital asset if the payments to be made in a
30 subsequent fiscal year or subsequent fiscal years applicable to
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1 debt service requirements or capital costs are payable, whether
2 in all events or only upon the happening of certain events,
3 under the provisions of the instrument from the tax or general
4 revenues of the local government unit and the term of the
5 instrument is equal to or exceeds the useful life of the asset,
6 regardless of the nature of the lessor or obligee.
7 § 8005. Classification and authority to issue bonds and notes.
8 (a) Classification.--Bonds or notes prior to the
9 authorization thereof shall be classified by the issuing local
10 government unit as one of the following three types of
11 obligation:
12 (1) General obligation bonds or notes.
13 (2) Guaranteed revenue bonds or notes.
14 (3) Revenue bonds or notes.
15 (b) Guaranteed revenue bonds or notes.--Guaranteed revenue
16 bonds or notes may have either a general or a limited guaranty
17 as the governing body of the local government unit may
18 determine, but if the guaranty is less than a full unconditional
19 guaranty, the title of the bond or note shall contain the word
20 "limited" before the word "guaranteed." The guaranty of the
21 local government may be of its own revenue bonds or notes or of
22 the revenue bonds or notes of an authority or another local
23 government unit subject, however, to the provisions of
24 subsection (c).
25 (c) Authority to issue bonds and notes.--Notwithstanding any
26 other law to the contrary, every local government unit shall
27 have full power and authority to issue bonds or notes, and make
28 guaranties, leases, subsidy contracts or other agreements
29 evidencing the acquisition of capital assets payable out of
30 taxes and other general revenues, to provide funds for and
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1 towards the cost of or the cost of completing any project or
2 combination of projects which the local government unit is
3 authorized to own, acquire, subsidize, operate or lease, or to
4 participate in owning, acquiring, subsidizing, operating or
5 leasing with others, to issue tax anticipation notes and funding
6 bonds or notes as provided in this subpart, and to contract for
7 insurance covering the risks of nonpayment of principal,
8 interest and premium of bonds, notes, tax anticipation notes and
9 guaranties.
10 (d) Nature of guaranty.--For the purpose of this subpart,
11 unless debt evidenced by a guaranty has been approved as
12 electoral debt in accordance with Subchapter C (relating to
13 procedure for securing approval of electors), the guaranty shall
14 be deemed to be nonelectoral debt if the local government unit
15 guaranties its own bonds or notes and shall be deemed to be
16 lease rental debt if it guaranties the bonds or notes of an
17 authority or another local government unit. For the purpose of
18 all other statutes, the guaranty shall be deemed to create debt
19 or indebtedness of the local government unit making the
20 guaranty.
21 § 8006. Preliminary cost estimates.
22 Prior to the initial authorization of bonds or notes or the
23 issuance of any guaranty to finance any project involving
24 construction or acquisition, the governing body shall obtain
25 realistic cost estimates through actual bids, option agreements
26 or professional estimates from registered architects,
27 professional engineers or other persons qualified by experience.
28 Any local government unit may retain the services of a financial
29 advisor. Costs of preliminary estimates and the fees of
30 financial advisors may, if initially paid by the local
19950S0689B2340 - 165 -
1 government unit, be reimbursed out of the net proceeds of the
2 issue of bonds or notes as a cost of the project.
3 § 8007. Cost of project.
4 The cost of a project includes the amount of all payments to
5 contractors or for the acquisition of a project or for lands,
6 easements, rights and other appurtenances deemed necessary for
7 the project, fees of architects, engineers, appraisers,
8 consultants, financial advisors and attorneys incurred in
9 connection with the project financing costs, costs of necessary
10 printing and advertising, costs of preliminary feasibility
11 studies and tests, cost estimates and interest on money borrowed
12 to finance the project, if capitalized, to the date of
13 completion of construction and, if deemed necessary, for one
14 year thereafter, amounts to be placed in reserve funds, if any,
15 a reasonable initial working capital for operating the project
16 and a proper allowance for contingencies and any amount which
17 constitutes, under generally accepted accounting principles, a
18 cost of, and which has been determined by an independent actuary
19 or other expert to be required for the purposes of, a reserve or
20 a contribution toward a combined reserve, pool or other
21 arrangement, for losses or liabilities covered by a self-
22 insurance arrangement established by one or more local
23 government units.
24 § 8008. Home rule.
25 Every local government unit obtaining a home rule charter
26 after July 12, 1972, shall be subject to the substantive
27 provisions of this subpart applicable to it as if it were a
28 local government unit and may adopt the procedural provisions of
29 this subpart, by incorporation thereof by reference, in its home
30 rule charter.
19950S0689B2340 - 166 -
1 § 8009. Guaranty funds and compulsory associations.
2 (a) Self-insurance.--No self-insurance program funded
3 pursuant to this subpart shall be required or permitted to join
4 or contribute financially to any insurance insolvency guaranty
5 fund, or similar mechanism, in this Commonwealth, nor shall any
6 such self-insurance program funded pursuant to this subpart, or
7 its insureds or claimants against its insureds, receive any
8 benefit from any such fund for claims arising under the coverage
9 provided by such self-insurance program.
10 (b) Exception.--When a local government unit or group of
11 local government units obtains insurance from a self-insurance
12 program funded pursuant to this subpart, such risks, wherever
13 resident or located, shall not be covered by any insurance
14 guaranty fund or similar mechanism in this Commonwealth.
15 SUBCHAPTER B
16 LIMITATIONS ON DEBT OF LOCAL GOVERNMENT UNITS
17 Sec.
18 8021. No limitation on debt approved by electors.
19 8022. Limitations on incurring of other debt.
20 8023. Transfer to electoral debt of debt incurred without
21 approval of electors.
22 8024. Exclusion of subsidized debt from net nonelectoral debt
23 or net lease rental debt.
24 8025. Exclusion of self-liquidating debt evidenced by revenue
25 bonds or notes to determine net nonelectoral debt.
26 8026. Exclusion of other self-liquidating debt to determine net
27 nonelectoral debt or net lease rental debt.
28 8027. Effect of debt limitations on outstanding debt.
29 8028. Determination of existing net nonelectoral debt and net
30 nonelectoral plus net lease rental debt.
19950S0689B2340 - 167 -
1 8029. Determination of debt limits.
2 § 8021. No limitation on debt approved by electors.
3 All debt of any classification, whenever incurred, which is
4 approved, either before or after the debt is incurred, by
5 majority of the votes cast upon the question of incurring the
6 debt at a general or special election held as provided by
7 applicable law, is excluded from the nonelectoral debt or the
8 lease rental debt, as the case may be, of a local government
9 unit and the limitations imposed by this subpart upon the debt
10 of the classification shall not apply to such debt.
11 § 8022. Limitations on incurring of other debt.
12 (a) Nonelectoral debt.--Except as provided in subsections
13 (c), (d) and (e) and as otherwise specifically provided in this
14 subpart, a local government unit shall not incur any new
15 nonelectoral debt if the aggregate net principal amount of the
16 new nonelectoral debt, together with all other net nonelectoral
17 debt outstanding, would cause the total net nonelectoral debt of
18 the local government unit to exceed any of the following:
19 (1) One hundred percent of its borrowing base in the
20 case of a school district of the first class.
21 (2) Three hundred percent of its borrowing base in the
22 case of a county.
23 (3) Two hundred fifty percent of its borrowing base in
24 the case of any other local government unit.
25 (b) Nonelectoral debt plus lease rental debt.--Except as
26 provided in subsections (c), (d) and (e) or as otherwise
27 specifically provided in this subpart, in the exercise of
28 legislative control over the budgets and expenditures of local
29 government units and of the purposes for which tax moneys and
30 general revenues of local government units may be expended, a
19950S0689B2340 - 168 -
1 local government unit shall not incur any new lease rental debt
2 or nonelectoral debt if the aggregate net principal amount of
3 the new debt, together with any other net nonelectoral debt and
4 net lease rental debt then outstanding, would cause the
5 outstanding total of net nonelectoral debt plus net lease rental
6 debt of the local government unit to exceed any of the
7 following:
8 (1) Two hundred percent of the borrowing base in the
9 case of a school district of the first class.
10 (2) Four hundred percent of its borrowing base in the
11 case of a county.
12 (3) Three hundred fifty percent of its borrowing base in
13 the case of all other local government units.
14 (c) Self-liquidating or subsidized debt.--The limitations
15 and prohibitions of subsections (a) and (b), referred to as the
16 "regular debt limits," shall not apply to electoral debt; to
17 debt excluded in computing net amounts of nonelectoral debt or
18 of lease rental debt, as self-liquidating or because subsidized,
19 when the exclusion is made pursuant to sections 8024 (relating
20 to exclusion of subsidized debt from net nonelectoral debt or
21 net lease rental debt), 8025 (relating to exclusion of self-
22 liquidating debt evidenced by revenue bonds or notes to
23 determine net nonelectoral debt) and 8026 (relating to exclusion
24 of other self-liquidating debt to determine net nonelectoral
25 debt or net lease rental debt); nor to debt incurred to fund an
26 unfunded actuarial accrued liability except to the extent that
27 bonds or notes issued to fund an unfunded actuarial accrued
28 liability shall be limited to the principal amount necessary,
29 after deduction of costs of issuance, underwriter's discount and
30 original issue discount, to fund the unfunded actuarial accrued
19950S0689B2340 - 169 -
1 liability.
2 (d) Additional nonelectoral or lease rental debt.--
3 Additional nonelectoral or additional lease rental debt or both
4 in the aggregate amount of 100% of the borrowing base may be
5 incurred by a county which has assumed countywide responsibility
6 or, where the county has not assumed countywide responsibility,
7 by a local government unit which has assumed responsibility for
8 its and its adjacent areas for hospitals and other public health
9 services, air and water pollution control, flood control,
10 environmental protection, water distribution and supply systems,
11 sewage and refuse collection and disposal systems, education at
12 any level, highways, public transportation or port operations.
13 The additional debt limit may be so utilized only to provide
14 funds for and towards the cost of capital facilities for any or
15 any combination of the foregoing purposes. Debt, other than
16 electoral debt, at any time incurred for such purposes or any of
17 them may be assigned by ordinance to this additional debt limit
18 if the remaining borrowing capacity within the regular limits is
19 insufficient to finance other projects deemed necessary by the
20 governing body of the local government unit.
21 (e) Emergency debt.--If replacement of assets is required as
22 a result of fire, flood, storm, war, riot, civil commotion or
23 other catastrophe, or the replacement or any improvements are
24 required for the prevention of dangers to health or safety, or
25 if funds are required for the payment of tort liability not
26 covered by insurance, or if funds are required to be used for
27 and towards the costs of mandated installations of health,
28 safety, antipollution, environmental protection and control
29 facilities or of complying with other mandated Federal or State
30 programs, a local government unit lacking sufficient remaining
19950S0689B2340 - 170 -
1 borrowing capacity as nonelectoral or lease rental debt or being
2 otherwise prohibited by section 8045 (relating to effect of
3 defeat of question) from incurring debt for the purpose, upon
4 petition to the court of common pleas alleging the catastrophe,
5 or the danger to health and safety, or the mandated nature of
6 the program and the estimated costs of the proposed facilities,
7 and upon proof thereof to the satisfaction of the court, shall
8 be authorized, notwithstanding section 8045 or the insufficiency
9 of nonelectoral or lease rental borrowing capacity, to incur
10 debt, as either lease rental or nonelectoral debt, up to an
11 additional 50% of its borrowing base, if the increase is found
12 by the court to have been made necessary under this subsection
13 by reason of the causes set forth in the petition. The increase,
14 together with all outstanding other additional emergency debt
15 which may have been previously authorized under this subsection
16 excluding any allocated to the additional debt limit under
17 subsection (d), shall not exceed 50% of the borrowing base.
18 Public notice of the intention to file such a petition and of
19 the purpose for which the additional emergency debt is to be
20 incurred shall be given by advertisement in at least one and not
21 more than two newspapers of general circulation and in the legal
22 journal not less than five nor more than 20 days before the
23 filing thereof. The additional emergency debt may be incurred
24 only for the purposes and upon the terms approved by the court.
25 The amount of the debt initially in excess of the regular debt
26 limits shall not thereafter be included in computing net amounts
27 of nonelectoral or lease rental debt.
28 § 8023. Transfer to electoral debt of debt incurred without
29 approval of electors.
30 The governing body of any local government unit may, by
19950S0689B2340 - 171 -
1 resolution, signify a desire to have any debt theretofore
2 incurred without the approval of the electors transferred to the
3 electoral debt. The resolution shall direct the holding of an
4 election for the purpose of obtaining the approval of the
5 electors to the debt in the manner provided for securing the
6 approval of electoral debt. The question shall be whether the
7 remaining unpaid debt incurred without the approval of the
8 electors for the project named in the question shall be removed
9 from the category of nonelectoral or lease rental debt. If a
10 majority of the votes cast upon the question at the election
11 favor transfer to electoral debt, a certified copy of the
12 resolution, proof of due advertisement of the election and a
13 certified return of the election shall be filed with the
14 department. If the department finds the proceedings to have been
15 taken in conformity with the law, it shall endorse its approval
16 on a duplicate original and return it to the local government
17 unit. The debt shall thereupon be no longer classified as
18 nonelectoral or lease rental debt.
19 § 8024. Exclusion of subsidized debt from net nonelectoral debt
20 or net lease rental debt.
21 (a) Filings with department.--Subsidized debt shall not be
22 excluded from nonelectoral debt or lease rental debt, as the
23 case may be, for the purposes of establishing net outstanding
24 debt of either category until the following have been filed with
25 and approved by the department:
26 (1) A copy, certified by the secretary of the board of
27 the local government unit or of the authority, of the
28 permanent or preliminary approval from the Commonwealth or
29 from the Federal Government of the project of the related
30 bonds or notes, or of the interest thereon, for subsidization
19950S0689B2340 - 172 -
1 or for reimbursement of all or part of debt service or on
2 account of operations, but measured by the cost of the
3 project or a certified copy of the subsidy contract with
4 another local government unit or an authority.
5 (2) Evidence satisfactory to the department from the
6 subsidizing agency as to the indicated annual amount of the
7 subsidy.
8 (3) Appropriate reference to the legislation authorizing
9 the reimbursement or subsidy indicating the legislated
10 recurring nature of the subsidy or, in the case of a subsidy
11 contract with another local government unit, evidence
12 satisfactory to the department that the amount to be excluded
13 is within the debt limitations of the other local government
14 unit or has been approved as electoral debt.
15 (4) A computation, in reasonable detail, certified by
16 the proper officers of the local government unit or of the
17 authority, or by the financial advisor if one be retained,
18 showing the principal amount of the bonds to be serviced by
19 the reimbursement or subsidy, determined in the proportion
20 that the total indicated subsidy or reimbursement to be
21 received over the remaining life of the issue bears to the
22 total debt service to be paid over the remaining life of the
23 issue, computed to stated maturity or earlier mandatory call
24 dates.
25 The principal amount of the bonds or notes of the local
26 government unit of the authority which will constitute
27 subsidized debt shall, in those instances where the subsidy is
28 related to a percentage of lease rentals or to a percentage of
29 sinking fund payments, in either case applicable solely to debt
30 service, be that stated percentage of the bonds or notes. That
19950S0689B2340 - 173 -
1 proportion of the bonds or of lease rental debt shall be
2 excluded as subsidized debt. The filing may be made
3 simultaneously with the filing for the approval of the balance
4 of the bonds then being issued or may be made or corrected at a
5 later date.
6 (b) Incurring new debt.--Each time any new debt is to be
7 incurred, if subsidized debt is to be excluded, a new
8 certification shall be made to the department, stating one of
9 the following:
10 (1) That there has been no decrease in the subsidy.
11 (2) That there has been a decrease, in which case the
12 certification shall include a recomputation of the principal
13 amount to be excluded.
14 (3) That there has been an increase and the local
15 government unit desires an increased exclusion certifying all
16 matters so changed and recomputing the principal amount to be
17 excluded.
18 (c) Approval by department.--If the department approves the
19 exclusion of the principal amount of bonds or notes or lease
20 rental debt as being subsidized debt in accordance with this
21 subpart, originally or upon any recertification it shall return
22 a duplicate original of the filing to the local government unit
23 with its approval endorsed thereon. Upon receipt of the approval
24 by the local government unit, the principal amount of bonds
25 shall be excluded from nonelectoral debt or lease rental debt
26 for the purpose of determining net debt in each category.
27 § 8025. Exclusion of self-liquidating debt evidenced by revenue
28 bonds or notes to determine net nonelectoral debt.
29 Self-liquidating debt evidenced by revenue bonds or notes
30 shall not be excluded from nonelectoral debt for the purpose of
19950S0689B2340 - 174 -
1 establishing net nonelectoral debt until the following have been
2 filed with the department:
3 (1) A statement by the proper officials of the local
4 government unit certifying the amount of the debt, the
5 project for which it was incurred and the nature of the
6 revenues from which the debt is to be repaid.
7 (2) A certificate from a qualified professional engineer
8 or architect, or other person qualified by experience
9 appropriate to the project, estimating the revenues and
10 operating expenses of the project and showing that the net
11 revenues so estimated will be sufficient to pay the annual
12 debt service as it falls due.
13 (3) An opinion of the bond counsel approving the issue
14 to the effect that the holders of the bonds or notes have no
15 claim upon the taxing power or tax revenues of the local
16 government unit issuing the bonds or notes, but only claims
17 upon the specific revenues pledged and rights to the
18 enforcement of any covenants as to the levying or collection
19 of rates and charges for the use of the project being
20 financed or any covenants as to the assessment of benefits
21 upon properties serviceable by the project as provided in the
22 covenants with the holders of the revenue bonds.
23 § 8026. Exclusion of other self-liquidating debt to determine
24 net nonelectoral debt or net lease rental debt.
25 (a) Filings with department.--Self-liquidating debt shall
26 not be excluded in determining net nonelectoral debt or net
27 lease rental debt for the purpose of establishing net debt of
28 either category where the debt is evidenced by general
29 obligation bonds or notes, by bonds, notes or other obligations
30 of an authority or of another local government unit or by a
19950S0689B2340 - 175 -
1 guaranty until there has been filed with and approved by the
2 department a report to the local government unit from qualified
3 registered engineers or architects or other persons qualified by
4 experience appropriate to the project, setting forth:
5 (1) The estimated or, if available, the actual cost of
6 construction, acquisition or improvement of the project
7 financed or to be financed.
8 (2) The principal amount of the general obligation bonds
9 or notes, the bonds, notes or obligations guaranteed or the
10 bonds or notes of an authority or another local government
11 unit secured by an instrument evidencing lease rental debt
12 which are to be issued, the dates, interest rate and amounts
13 of each stated maturity thereof and, set forth separately,
14 the same information with respect to the outstanding bonds,
15 notes or obligations.
16 (3) The amount or the estimated amount of the annual
17 debt service for each year during the life of all the bonds,
18 notes or obligations or the bonds or notes of an authority or
19 another local government unit secured by an instrument
20 evidencing lease rental debt issued and intended to be issued
21 to finance the project.
22 (4) The date or estimated date of the completion of the
23 project.
24 (5) The estimated net revenues of the project for each
25 year of the remaining life of the bonds, notes or obligations
26 with a computation showing, in reasonable detail, that the
27 net revenues, together with other available funds to be
28 received in respect of the project, will be sufficient in
29 each year to pay the annual debt service, other than
30 capitalized debt service, on the bonds, notes or obligations
19950S0689B2340 - 176 -
1 or a specified aggregate principal amount thereof.
2 (6) The qualified person's certificate that the
3 estimates of net revenues have been computed from the
4 person's best estimate of the gross revenues to be obtained
5 from the rentals, rates, tolls and charges, interest to be
6 received on reserve accounts, established or to be
7 established by ordinance or from payments under bulk service
8 or other contracts with other local government units or
9 authorities for the use of the project, or the gross revenues
10 to be received from special assessments levied to finance the
11 project, by deducting from the gross revenues, in each year,
12 the total estimated costs of operation and maintenance of the
13 project chargeable against the revenues or assessments and
14 any State taxes assumed on such bonds or notes all based on
15 assumptions deemed reasonable for the purpose by that person.
16 (7) The qualified person's further certificate that he
17 is qualified to act with regard to the type of project being
18 financed, stating his experience.
19 (b) Approval by department.--If the department approves the
20 exclusion of the principal amount of bonds, notes or obligations
21 or bonds or notes of an authority of another local government
22 unit secured by an instrument evidencing lease rental debt
23 stated in the report as being self-liquidating debt as being in
24 accordance with law, it shall endorse its approval upon a
25 duplicate original of the proceedings and return it to the local
26 government unit. Upon receipt of the approval by the local
27 government unit, the principal amount of bonds, notes or
28 obligations shall be excluded from nonelectoral debt or net
29 lease rental debt, as the case may be, during the period of
30 construction and thereafter until new electoral, nonelectoral or
19950S0689B2340 - 177 -
1 lease rental debt is to be incurred. At that time, if the
2 principal is to be excluded, a certification of no decrease,
3 other than decreases resulting from the payment of bonds or
4 notes, in the amount to be excluded shall be included in the
5 debt statement to be filed pursuant to section 8110 (relating to
6 debt statement). If there is a decrease, or if more of the debt
7 is desired to be excluded as self-liquidating, a new
8 certification shall be filed.
9 § 8027. Effect of debt limitations on outstanding debt.
10 Notwithstanding anything in other law or in this subpart,
11 this subpart shall not be construed to invalidate any debt which
12 was lawful when incurred or which could have been lawfully
13 incurred if this subpart had been in effect, whether incurred
14 before or after the passage of this subpart, and the percentage
15 limitations set forth in section 8022 (relating to limitations
16 on incurring of other debt) shall be deemed increased to the
17 extent necessary to cover such incurred debt. This subpart shall
18 not be construed to subject any debt incurred and voted upon
19 prior to July 12, 1972, as electoral debt to any of the
20 limitations herein imposed by this subpart on nonelectoral debt.
21 § 8028. Determination of existing net nonelectoral debt and net
22 nonelectoral plus net lease rental debt.
23 (a) Gross nonelectoral and lease rental debt.--From the
24 gross principal amount of all incurred debt shall be subtracted
25 gross incurred electoral debt. The amount remaining shall then
26 be separated into gross incurred nonelectoral debt and gross
27 incurred lease rental debt.
28 (b) Net nonelectoral and lease rental debt.--Net
29 nonelectoral and net lease rental debt shall then be determined
30 by subtracting separately from gross nonelectoral debt and gross
19950S0689B2340 - 178 -
1 lease rental debt respectively, as may be applicable, and as the
2 local government unit may desire to claim the following:
3 (1) All funds in the applicable sinking funds, whether
4 controlled by the local government unit or by the authority
5 which incurred the debt, reserve funds or accounts, except
6 maintenance and replacement reserve funds or accounts, and
7 net bond proceeds, held for the payment of the cost of a
8 project financed by the debt, including, in each case,
9 interest accrued thereon, but only to the extent that those
10 funds are available for payment of the principal amount of
11 the debt.
12 (2) The current appropriation for the payment of the
13 principal of and overdue interest on the nonelectoral debt or
14 for the payment of the net lease rental in the case of lease
15 rental debt, except to the extent that the same has already
16 been deposited in sinking funds.
17 (3) The uncollected amount of the benefits or costs or
18 the estimates thereof which have been or are authorized to be
19 assessed against owners of property and for which liens may
20 be legally filed, to the extent that the assessments are
21 available for the payment of the principal amount of the
22 debt.
23 (4) The amount of delinquent taxes from prior years and
24 other undisputed municipal liens actually filed against
25 property less the sum of:
26 (i) A reserve, reasonable in amount, for so much
27 thereof as may not be collected.
28 (ii) The amount thereof appropriated for current
29 expenses in the current year's budget.
30 (5) The amount of self-liquidating debt, subsidized debt
19950S0689B2340 - 179 -
1 and debt issued to fund an unfunded actuarial accrued
2 liability, properly excluded and concurrently excludable from
3 each respective category being computed.
4 (6) The amount of surplus cash not specifically
5 appropriated to any purpose and available for the payment of
6 the principal amount of debt, but if this deduction is
7 claimed, the amount so claimed may not thereafter be
8 appropriated to any purpose except the payment of debt.
9 (7) All other solvent debts due the local government
10 unit directly, the payment of which can be enforced as one of
11 the unit's quick assets, and which have not been committed to
12 any other purpose.
13 (8) The amount of any insurance coverage indemnifying
14 the local government unit against any outstanding liability
15 to the extent the liability is debt.
16 (c) Priority of applying exclusions.--In determining net
17 nonelectoral debt, the amounts claimed under subsection (b)(8)
18 shall be exclusively applicable to nonelectoral debt, and
19 subsection (b)(4), (6) and (7) shall be first applied against
20 nonelectoral debt, with any excess being applicable against
21 lease rental debt.
22 (d) Valuation of legal investments.--In computing the value
23 of any funds, all legal investments therein shall be computed at
24 current market values.
25 (e) Use of debt determinations.--The net nonelectoral debt
26 so determined shall be used in determining compliance with the
27 limit imposed by section 8022(a) (relating to limitations on
28 incurring of other debt). The sum of the net nonelectoral debt
29 and the net lease rental debt so determined shall be used in
30 determining compliance with the limit imposed by section
19950S0689B2340 - 180 -
1 8022(b).
2 § 8029. Determination of debt limits.
3 Whenever it is necessary to determine the limitations on the
4 amount of nonelectoral debt, or nonelectoral debt plus lease
5 rental debt that may be incurred by any local government unit,
6 the appropriate percentage limitations of section 8022 (relating
7 to limitations on incurring of other debt) shall be applied to
8 the borrowing base of the local government unit. The certificate
9 as to the borrowing base shall be made a part of all proceedings
10 for the sale of bonds or notes, for the guaranty of authority
11 obligations or for the incurring of lease rental debt and a copy
12 shall be filed with the department as a part of all proceedings
13 required to be filed for its approval. The borrowing base set
14 forth in the certificate and a similar certificate as to net
15 nonelectoral debt or net lease rental debt outstanding shall be
16 conclusive as to the respective figures for the purposes of this
17 subpart, upon the approval of the proceedings by the department,
18 unless contested within the specified time limits as provided in
19 this subpart.
20 SUBCHAPTER C
21 PROCEDURE FOR SECURING APPROVAL OF ELECTORS
22 Sec.
23 8041. Desire resolution and expense of certain elections.
24 8042. Advertisement of election.
25 8043. Conduct of election.
26 8044. Finality of result of election.
27 8045. Effect of defeat of question.
28 8046. Issuance of bonds, notes or other instruments to evidence
29 electoral debt.
30 8047. Cancellation or termination of approval of electors.
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1 8048. Limitation on use of proceeds of electoral debt.
2 8049. Manner of changing purpose of electoral debt.
3 § 8041. Desire resolution and expense of certain elections.
4 (a) Resolution.--Whenever the governing body of any local
5 government unit shall determine that it is advisable to make an
6 increase in the debt of the local government unit with the
7 assent of the electors, or to obtain the assent of the electors
8 to transfer any debt previously incurred without the approval of
9 the electors to electoral debt, it shall adopt a resolution
10 signifying that determination, calling an election for the
11 purpose of obtaining the assent and approving the content and
12 substantial form of notice of election.
13 (b) Date of election.--The date fixed shall be that of a
14 municipal, general, primary or special election for other
15 purposes, but if the date of the nearest of the elections is
16 more than 90 or less than 30 days from the effective date of the
17 desire resolution, the governing body may fix a date for a
18 special election.
19 (c) Payment of expense of special election.--In the case of
20 a special election to increase debt not held concurrently with
21 an election for other purposes, the expense of holding the
22 election shall be paid by the local government unit for whose
23 benefit it is held.
24 § 8042. Advertisement of election.
25 (a) General rule.--Notice of the election shall be given in
26 one but not more than two newspapers of general circulation in
27 the local government unit and in the legal journal, if any,
28 designated by the rules of court of the county in which the
29 local government unit is located for the publication of legal
30 notices and advertisements. If only newspaper publication is
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1 done, the notice shall be published three times at intervals of
2 not less than three days, but if published in a weekly newspaper
3 and in the legal journal, it shall be published only twice, once
4 a week for two successive weeks. The first publication in at
5 least one newspaper shall be not less than 14 nor more than 21
6 days before the election, but all publications shall be after
7 the effective date of the resolution and need not be upon the
8 same dates in different newspapers.
9 (b) Content of election notice.--The election notice shall
10 contain and state:
11 (1) The date upon which the election is to be held.
12 (2) The estimated amount of the debt to be incurred or
13 to be approved by the electors if already incurred.
14 (3) The project for which the debt will be or was
15 incurred.
16 (4) The estimated cost of the project.
17 (5) The question to be submitted to the electors at the
18 election, which shall be substantially in the following
19 appropriate form:
20 Shall debt in the sum of (insert amount) dollars for
21 the purpose of financing (insert brief description of
22 project) be (authorized to be incurred as)
23 (transferred from nonelectoral debt to) debt approved
24 by the electors?
25 § 8043. Conduct of election.
26 (a) Certification of resolution and question.--The governing
27 body, at least 45 days before any election called pursuant to
28 section 8041 (relating to desire resolution and expense of
29 certain elections) shall cause to be certified to the county
30 board of elections of each county in which the election is to be
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1 held a copy of the desire resolution and the form of the
2 question to be submitted to the electors.
3 (b) Regulation of election.--An election called pursuant to
4 section 8041 shall be held at the place, during the hours and
5 under the same regulations as provided by law for the holding of
6 municipal elections. In receiving, counting and making returns
7 of the votes cast, the inspectors, judges and clerks of the
8 election shall be governed by the act of June 3, 1937 (P.L.1333,
9 No.320), known as the Pennsylvania Election Code.
10 (c) Qualification of electors.--At the elections, only
11 qualified electors of the local government unit, the debt of
12 which is to be increased or approved by the electors may vote.
13 (d) Election returns.--The election officers and clerks
14 shall make return on forms provided by the county board of
15 elections of the votes cast on the question to the county board
16 of elections. The county board of elections shall compute the
17 vote and transmit a certified return thereof to the governing
18 body of the local government unit, which shall enter the same on
19 its minutes. If the certified return shows that a majority of
20 those voting on the question have voted in favor thereof,
21 irrespective of any other statute requiring a greater
22 percentage, the local government unit shall file with the
23 department a certified copy of the desire resolution, the
24 certified return and proofs of publication of the notice of
25 election, whereupon the amount of the debt so approved shall
26 constitute electoral debt from the date of the election, subject
27 to the provisions of section 8044 (relating to finality of
28 result of election).
29 § 8044. Finality of result of election.
30 Any interested party or any taxpayer may contest the validity
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1 of any election proceedings under this subchapter by filing with
2 the court a complaint in equity, specifically alleging any
3 errors complained of in the proceedings, and the petitioner
4 shall have the burden of proof. If no complaint has been filed
5 or if a complaint has been filed and has been finally dismissed,
6 the election shall be conclusively deemed to be valid. If, prior
7 to the timely filing of a complaint, further proceedings in
8 connection with the incurring of the debt have been filed with
9 the department, then any contest shall proceed by way of an
10 appeal from the action of the department upon the proceedings.
11 The petition or appeal provided by this section shall be the
12 party's or the taxpayer's sole and exclusive remedies.
13 § 8045. Effect of defeat of question.
14 If at the election the question is defeated, another election
15 for the same purpose may not be held until 155 days have elapsed
16 since the prior election. During the interim no bonds or notes
17 may be issued and no lease rental debt may be incurred for such
18 purpose, except that nonelectoral or lease rental debt may be
19 incurred if required to complete projects already under
20 construction, to finance a different portion or portions of a
21 capital budget or to evidence debt incurred for purposes and
22 pursuant to a court approval obtained in accordance with section
23 8022(e) (relating to limitations on incurring of other debt).
24 § 8046. Issuance of bonds, notes or other instruments to
25 evidence electoral debt.
26 If, at the election, the question is approved, the governing
27 body shall issue bonds or notes as electoral debt as obligations
28 of the local government unit or shall authorize execution and
29 delivery of an instrument which, but for the electoral approval,
30 would evidence lease rental debt at the times and evidencing the
19950S0689B2340 - 185 -
1 amounts of obligations not exceeding in the aggregate the
2 estimated amount approved by the electors, subject to the
3 provisions of Subchapter C of Chapter 81 (relating to provisions
4 of bonds and notes). The bonds, notes or obligations shall
5 continue for such term as may have been stated in the notice of
6 election or, if none was stated, for the term the governing body
7 determines. The initial series may be of bond anticipation notes
8 or of notes to be refunded by a bond issue. If the governing
9 body determines it advisable, the initial series of bonds or
10 notes constituting a part of the issue may be for a shorter term
11 of years, with the maturity of subsequent series stated to
12 mature later than the last stated maturity of the preceding
13 series for the same project. This subchapter shall not preclude
14 the issue of additional nonelectoral debt or lease rental debt
15 to complete the project or the issue of additional electoral
16 debt for that purpose if authorized by a subsequent election.
17 § 8047. Cancellation or termination of approval of electors.
18 (a) Lapse of time.--On the tenth anniversary of the date on
19 which an assent of the electors obtained under this subpart
20 became final, the authority to issue any or any further bonds or
21 notes, other than as nonelectoral debt or lease rental debt
22 subject to the limitations imposed by this subpart, shall
23 terminate.
24 (b) Resolution of governing body.--The governing body of any
25 local government unit may by resolution, without the assent of
26 the electors, rescind or cancel, in whole or in part, the
27 authorization to incur electoral debt for any reason stated in
28 the resolution, and thereupon the assent of the electors shall
29 be of no further effect. A certified copy of the resolution with
30 proof of the due publication thereof shall be filed with the
19950S0689B2340 - 186 -
1 department.
2 § 8048. Limitation on use of proceeds of electoral debt.
3 Where bonds or notes have been issued pursuant to an assent
4 of the electors given under this subpart, the proceeds thereof
5 shall be kept in a separate account and shall be invested and
6 used only for the cost, including the retirement of notes
7 previously issued for the same project with the proceeds of
8 bonds, of the project for which the assent was obtained unless
9 such purpose is changed as provided in this subpart. Otherwise,
10 the proceeds shall be kept invested and used for the retirement
11 at maturity, or earlier call date, of the fifth or any
12 subsequent stated maturity of the relevant series of bonds or
13 notes, unless the proceeds were previously used to purchase the
14 bonds or notes in the open market or upon tenders at prices not
15 exceeding the principal amount thereof plus accrued and unpaid
16 interest to the date of purchase.
17 § 8049. Manner of changing purpose of electoral debt.
18 If the governing body determines it to be advisable either
19 before or after the issue of bonds or notes to use the proceeds,
20 or any part thereof, of bonds or notes evidencing electoral debt
21 for any purpose other than the project approved by the electors
22 or the payment or prior redemption or purchase of bonds or notes
23 evidencing debt incurred for the project, the governing body
24 shall by resolution express its desire to do so, specifying the
25 project for which the funds are proposed to be used, and shall
26 provide for an election to be held in like manner, time and
27 place as provided in this subchapter for elections to secure the
28 assent of the electors to the increase of debt, except that the
29 notice of the election shall state:
30 (1) The date on which such election is to be held.
19950S0689B2340 - 187 -
1 (2) The date and amount of money theretofore borrowed
2 and the project for which borrowed.
3 (3) The amount of money remaining unused.
4 (4) The new purpose for which the local government unit
5 desires to make use of the money.
6 (5) The reason why the money is not being used for the
7 purpose for which it was borrowed.
8 (6) The question to be submitted to the electors, which
9 shall be substantially in the following form:
10 Shall the sum of (insert amount) dollars heretofore
11 borrowed or authorized to be borrowed by this local
12 government unit for the purpose of (state purpose) be
13 used for the purpose of (state purpose)?
14 The election shall be conducted, return made thereon, notices of
15 election published and certificates filed and recorded as
16 provided in section 8043 (relating to conduct of election). If
17 it appears that a majority of those voting on the question have
18 voted in favor of using the funds for the changed purpose,
19 irrespective of any other statute requiring a greater
20 percentage, the funds specified may be used for the changed
21 purpose.
22 CHAPTER 81
23 INCURRING DEBT AND ISSUING BONDS AND NOTES
24 Subchapter
25 A. General Provisions
26 B. Tax Anticipation Notes and Funding Debt
27 C. Provisions of Bonds and Notes
28 D. Sale of Bonds and Notes
29 SUBCHAPTER A
30 GENERAL PROVISIONS
19950S0689B2340 - 188 -
1 Sec.
2 8101. Combining projects for financing or series of bonds
3 or notes for sale.
4 8102. Preliminary authorizations as to financing.
5 8103. Ordinance authorizing issuance of documents evidencing
6 lease rental debt.
7 8104. Covenant to pay bonds or notes or a guaranty.
8 8105. Additional provisions in ordinance authorizing issuance
9 of revenue or guaranteed revenue bonds or notes.
10 8106. Sinking fund depository and trustee for bondholders
11 or noteholders.
12 8107. Award of bonds or notes.
13 8108. Bond anticipation notes.
14 8109. Small borrowing for capital purposes.
15 8110. Debt statement.
16 8111. Submission to department.
17 8112. Agreements with bondholders or noteholders.
18 8113. Lost, stolen, destroyed or mutilated bonds or notes.
19 8114. Evidence of signatures of holders and of ownership of
20 bonds, notes and tax anticipation notes.
21 8115. Contractual effect of ordinances and resolutions.
22 8116. Unfunded actuarial accrued liability - condition
23 precedent.
24 § 8101. Combining projects for financing or series of bonds or
25 notes for sale.
26 The governing body of a local government unit may by
27 ordinance take any of the following actions in connection with
28 the issuance of bonds or notes or the authorization of the
29 instrument creating lease rental debt:
30 (1) In lieu of combining two or more items or elements
19950S0689B2340 - 189 -
1 permitted to be combined under the definition of project in
2 section 8002 (relating to definitions) as a single project,
3 designate any one or more of the items or elements as a
4 project and combine the projects for financing purposes by
5 one series of bonds or notes. If the series of bonds or notes
6 are revenue bonds or notes, all projects so combined shall be
7 revenue producing projects, all or a portion of the rates,
8 rentals, receipts, tolls and charges may be combined, common
9 reserve funds may be created and common or cross covenants
10 may be made in respect of each project.
11 (2) Offer for simultaneous sale under separate or
12 combined bids any two or more series of bonds or notes of any
13 type.
14 (3) Provide for the financing of a project or projects
15 by the issuance, either simultaneously or in succession, of
16 any combination of instruments evidencing debt applicable to
17 the project or projects and authorized by this subpart.
18 Any ordinance required by this section may be included in any
19 authorizing ordinance required by section 8103 (relating to
20 ordinance authorizing issuance of documents evidencing lease
21 rental debt).
22 § 8102. Preliminary authorizations as to financing.
23 The governing body of a local government unit may express its
24 intent to evidence debt as electoral debt, nonelectoral debt or
25 lease rental debt. Action may be taken either by resolution,
26 which may also provide for the submission of proposals to
27 purchase any bonds or notes, or by ordinance. But neither bonds
28 or notes nor lease, guaranty, subsidy contract or other
29 agreement evidencing lease rental debt shall be authorized other
30 than by the enactment of any ordinances required by this
19950S0689B2340 - 190 -
1 subchapter or, in the case of notes issued under section 8109
2 (relating to small borrowing for capital purposes), other than
3 by adoption of the resolution required under section 8109.
4 § 8103. Ordinance authorizing issuance of documents evidencing
5 lease rental debt.
6 (a) General rule.--The ordinance or ordinances or, in the
7 case of notes issued under section 8109 (relating to small
8 borrowing for capital purposes), the resolution authorizing the
9 issuance of bonds or notes or the execution of a lease,
10 guaranty, subsidy contract or other agreement evidencing lease
11 rental debt by a local government unit shall contain, in
12 substance:
13 (1) In all cases, including lease rental debt, the
14 following:
15 (i) A brief description of the project for which the
16 debt is to be incurred and, if a capital project, a
17 realistic estimated useful life thereof.
18 (ii) A statement of the aggregate principal amount
19 of bonds or notes proposed to be issued pursuant to the
20 ordinance or, as the case may be, to be secured by the
21 instrument evidencing lease rental debt.
22 (iii) A statement whether the debt is to be incurred
23 as electoral debt, nonelectoral debt or lease rental
24 debt.
25 (iv) An authorization and direction to one or more
26 specified officers and their successors to prepare and
27 certify and, except in the case of notes issued under
28 section 8109, to file the debt statement required by
29 section 8110 (relating to debt statement), to execute and
30 deliver the bonds or notes or the instrument evidencing
19950S0689B2340 - 191 -
1 lease rental debt and to take other necessary action.
2 This designation may be changed from time to time
3 thereafter.
4 (v) In the case of nonelectoral or lease rental debt
5 which is subject to exclusion as subsidized debt or self-
6 liquidating debt if the exclusion is presently desired,
7 an authorization to the proper officers of the local
8 government unit to prepare and file any statements
9 required by Subchapter B of Chapter 80 (relating to
10 limitations on debt of local government units) which are
11 necessary to qualify all or any portion of the debt for
12 exclusion from the appropriate debt limit as self-
13 liquidating debt or subsidized debt.
14 (2) In every case except that of lease rental debt, the
15 following:
16 (i) A statement whether the bonds or notes when
17 issued will be general obligation bonds or notes,
18 guaranteed revenue bonds or notes or revenue bonds or
19 notes.
20 (ii) The covenant required by section 8104 (relating
21 to covenant to pay bonds or notes or a guaranty) if the
22 bonds or notes when issued will be general obligation
23 bonds or notes or guaranteed revenue bonds or notes and
24 the pledge of specific rents, revenues or receipts, if
25 the bonds or notes when issued will be guaranteed revenue
26 bonds or revenue bonds, and if limited guaranteed revenue
27 bonds or notes, a statement of the limitations on the
28 guaranty.
29 (iii) The substantial form of the bonds or notes to
30 be issued, including the substantial form of any coupon
19950S0689B2340 - 192 -
1 or authentication certificate.
2 (iv) A schedule of stated principal maturity or
3 mandatory redemption amounts and dates, the rate or rates
4 of interest and interest payment dates, places of
5 payment, and, if desired, provisions for prior
6 redemption, including call dates and call prices, all of
7 which shall conform with Subchapter C (relating to
8 provision of bonds and notes).
9 (v) A statement of the manner in which the bonds or
10 notes are to be or have been sold and, if to be sold at
11 public sale, the matters required or permitted by
12 Subchapter D (relating to sale of bonds and notes) or, if
13 to be sold at negotiated sale, there may be included the
14 matters required or permitted by section 8107 (relating
15 to award of bonds or notes).
16 (vi) Except in the case of notes issued under
17 section 8109, a covenant creating the sinking fund
18 required by Subchapter B of Chapter 82 (relating to
19 sinking funds and other funds and accounts).
20 (vii) A statement of any tax or taxes the payment of
21 which is assumed by the local government unit in
22 consideration of the purchase of the bonds or notes and,
23 if desired, authorization for the purchase of bond
24 insurance.
25 (viii) The authorization to the proper officials of
26 the local government unit to contract with one or more
27 banks or bank and trust companies for services as
28 trustee, fiscal agent, sinking fund depository or paying
29 agent, and to contract with any additional copaying
30 agents desired, but compliance with this subparagraph
19950S0689B2340 - 193 -
1 shall not be required in the case of notes issued under
2 section 8109.
3 (3) In the case of lease rental debt, the authorization
4 to the proper officials of the local government unit to
5 execute and deliver a lease, guaranty, subsidy contract or
6 other agreement, the annual or semiannual rental or payment
7 to be paid thereunder, any sources of payment and, in the
8 case of a guaranty, the covenant required by section 8104.
9 (4) In the case of revenue or guaranteed revenue bonds
10 or notes, the inclusion of the matters set forth in sections
11 8105 (relating to additional provisions in ordinance
12 authorizing issuance of revenue or guaranteed revenue bonds
13 or notes), 8147 (relating to pledge of revenues) and 8148
14 (relating to deeds of trust and other agreements with
15 bondholders and noteholders).
16 (b) Date of incurring nonelectoral and lease rental debt.--
17 The nonelectoral debt evidenced by the issuance of bonds or
18 notes or the lease rental debt evidenced by the execution of a
19 lease, guaranty, subsidy contract or other agreement shall be
20 deemed to have been incurred upon the final enactment of the
21 ordinance required by this section or, in the case of small
22 borrowings, upon final adoption of the resolution required by
23 section 8109. Electoral debt is incurred when the assent of the
24 electors has been given.
25 (c) Change in purpose of nonelectoral general obligation
26 debt.--In the case of nonelectoral general obligation debt, the
27 purpose may be changed by similar action at any time.
28 § 8104. Covenant to pay bonds or notes or a guaranty.
29 (a) General rule.--The local government unit shall, in the
30 ordinance authorizing the issue of bonds or notes or a guaranty
19950S0689B2340 - 194 -
1 or in such bonds or notes, or in the trust indenture securing
2 the same, or in the instrument of guaranty, covenant with the
3 holders from time to time of the bonds or notes or guaranteed
4 bonds or notes, and of the coupons thereto appertaining, that
5 the local government unit shall do the following:
6 (1) Include the amount of the debt service, or the
7 amounts payable in respect of its guaranty, in each case
8 specified in the covenant, for each fiscal year in which the
9 sums are payable in its budget for that year.
10 (2) Appropriate those amounts from its general or
11 specially pledged revenues, as the case may be, for the
12 payment of the debt service or guaranty.
13 (3) Duly and punctually pay or cause to be paid from its
14 sinking fund or any other of its revenues or funds the
15 principal of and interest on every bond or note or, to the
16 extent of its obligation, the amount payable in respect of
17 the guaranty, at the dates and places and in the manner
18 stated in the bonds and in the coupons thereto appertaining
19 or in the guaranty, according to the true intent and meaning
20 thereof.
21 (b) Obligation of government unit.--For budgeting,
22 appropriation and payment in respect of its general obligation
23 bonds or notes, its guaranteed revenue bonds or notes or its
24 guaranty of the bonds or notes of an authority or other local
25 government unit, the local government unit shall pledge its full
26 faith, credit and taxing power unless a guaranty is limited to
27 specified revenues of the guarantor. Nothing in the covenant
28 shall obligate the local government unit to budget, appropriate
29 or make any payments on limited guaranteed revenue bonds or on a
30 limited guaranty of bonds or notes of any authority or other
19950S0689B2340 - 195 -
1 local government unit beyond the stated terms of its guaranty.
2 The covenant shall be specifically enforceable. This section
3 does not give any local government unit any taxing power not
4 granted by another provision of law.
5 § 8105. Additional provisions in ordinance authorizing issuance
6 of revenue or guaranteed revenue bonds or notes.
7 In addition to the provisions required or permitted by
8 sections 8103 (relating to ordinance authorizing issuance of
9 documents evidencing lease rental debt), 8147 (relating to
10 pledge of revenues) and 8148 (relating to deeds of trust and
11 other agreements with bondholders and noteholders), the
12 ordinance authorizing the issuance of revenue bonds or notes or
13 guaranteed revenue bonds or notes may also contain the
14 following:
15 (1) Covenants or provisions with respect to the
16 collection, custody, investment and disbursement of rents,
17 revenues, rates and charges for the use of the project as may
18 be desired.
19 (2) Covenants as to the fixing and collection of rents,
20 rates and charges for the use of the project as may be
21 desired and deemed necessary for the lawful security of the
22 holders of the bonds or notes, except that no covenant and no
23 agreement with the holders of bonds or notes shall require an
24 increase in the rents, rates, tolls and charges to a level
25 which, in the opinion of the registered professional engineer
26 advising the local government unit, will result in a decrease
27 in gross revenues over what would have been received at a
28 somewhat lower rate level.
29 (3) Provisions granting a security interest in the
30 rents, revenues, rates, tolls and charges for the security
19950S0689B2340 - 196 -
1 and benefit of the holders of the notes, bonds and coupons.
2 (4) Provisions creating such reserve funds or accounts
3 as deemed desirable for the future security of the notes,
4 bonds and coupons and requiring the observance of such
5 covenants on the part of the local government unit deemed
6 necessary or desirable for the protection of the holders of
7 the notes, bonds and coupons or for the maintenance and
8 preservation of the project.
9 (5) Authorization to the proper officers of the local
10 government unit to execute and deliver any trust indenture
11 containing any other, further and lawful provisions desired.
12 § 8106. Sinking fund depository and trustee for bondholders or
13 noteholders.
14 (a) General rule.--Every local government unit issuing bonds
15 or notes other than notes issued under section 8109 (relating to
16 small borrowing for capital purposes) shall appoint a sinking
17 fund depository which may also serve as paying agent for the
18 bonds or notes. The sinking fund depository shall be a bank or
19 bank and trust company authorized to do business in this
20 Commonwealth and may serve as one for one or more series of
21 bonds or notes. Funds, which may include interest accrued and to
22 accrue on lawful investments, in an amount sufficient for the
23 payment of the principal of, and the interest on, the bonds or
24 notes shall be deposited with the sinking fund depository not
25 later than the date fixed for the disbursement thereof, unless
26 the ordinance authorizing the issuance of the bonds or notes
27 requires that the deposits be made on an earlier date or on
28 earlier dates.
29 (b) Fiscal agent or trustee.--If the ordinance authorizing
30 the issuance of the bonds or notes provides for a fiscal agent,
19950S0689B2340 - 197 -
1 or authorizes the execution of a trust indenture appointing a
2 trustee, the fiscal agent or trustee shall also be the sinking
3 fund depository.
4 (c) Remedy for failure to make deposit.--If the local
5 government unit shall fail or refuse to make any required
6 deposit in the sinking fund, the sinking fund depository, the
7 fiscal agent or the trustee, as the case may be, may and, upon
8 request of the holders of 25% in principal amount of the
9 outstanding notes and bonds and upon being indemnified against
10 cost and expense, shall exercise any remedy provided in this
11 subpart or at law or in equity, for the equal and ratable
12 benefit of the holders of the outstanding notes, bonds and
13 coupons, and shall disburse all funds so collected equally and
14 ratably to the holders of the notes, bonds and coupons as
15 provided in the ordinance authorizing the bonds, subject to any
16 limitations contained in Subchapter D of Chapter 82 (relating to
17 remedies).
18 § 8107. Award of bonds or notes.
19 When an acceptable proposal for the purchase of the bonds or
20 notes, or any part thereof offered separately, has been received
21 and is in conformity with the terms of the official invitation
22 for proposals or is an acceptable proposal at a negotiated or
23 invited sale, and is in compliance with the provisions of this
24 subpart, it may be accepted by resolution or by ordinance. If
25 the acceptance is made by resolution, the acceptance shall be
26 conditional upon compliance with section 8103 (relating to
27 ordinance authorizing issuance of documents evidencing lease
28 rental debt). If the acceptance is made by ordinance, the
29 ordinance shall also fix any details of the series of bonds or
30 notes being sold, not fixed by prior ordinance, and award the
19950S0689B2340 - 198 -
1 bonds or notes, or those which have been sold, to specified
2 purchasers at prices specified in the ordinance. These
3 provisions may be included in the ordinance adopted pursuant to
4 section 8103. Notwithstanding any other provision of this
5 subpart or of any other statute, as between the local government
6 unit and the purchasers, an awarding resolution or ordinance
7 shall be effective upon its final adoption or enactment by the
8 governing body. The advertisement of the ordinance prior to
9 enactment shall be sufficient if it describes the items to be
10 completed from the proposal.
11 § 8108. Bond anticipation notes.
12 (a) Issuance.--The governing body may evidence all or part
13 of any electoral or nonelectoral debt by the issue of a series
14 of bond anticipation notes. These notes shall be payable by
15 exchange for, or out of the proceeds of, the sale of a
16 designated series of bonds referred to in the bond anticipation
17 notes. The reference to the bonds shall specify a maximum rate
18 of interest to be borne by the series of bonds and provide that
19 the series shall be offered for sale but, if no proposals are
20 received, the sole remedy of the holders of the bond
21 anticipation notes shall be either to accept the bonds at the
22 specified maximum interest rate, or to extend the maturity of
23 the bond anticipation notes for one or more specified additional
24 periods of not less than six months each during which time
25 additional offers of the bonds may be made.
26 (b) Procedure.--Bond anticipation notes may be authorized,
27 issued and sold in the same manner as the bonds in anticipation
28 whereof the notes are being issued and principal amounts thereof
29 shall be retired in accordance with the specified stated
30 maturity dates of the bonds occurring prior to the refunding of
19950S0689B2340 - 199 -
1 the notes.
2 § 8109. Small borrowing for capital purposes.
3 (a) General rule.--Any local government unit may incur debt
4 by resolution rather than by ordinance to be evidenced by notes
5 to provide funds for a project as defined in this subpart
6 without complying with the requirements of Subchapter A of
7 Chapter 82 (relating to Department of Community Affairs) if:
8 (1) The aggregate amount of the debt outstanding at any
9 one time shall not exceed the lesser of $100,000 or 30% of
10 the borrowing base.
11 (2) The principal of each debt shall mature not later
12 than five years from the date of issuance.
13 (3) The incurrence of the debt shall not cause the debt
14 limits of Subchapter B of Chapter 80 (relating to limitations
15 on debt or local government units) to be exceeded.
16 (4) The provisions of section 10 of Article IX of the
17 Constitution of Pennsylvania shall have been observed.
18 (5) The provisions of section 8208 (relating to
19 invalidity of instruments which are delivered without
20 compliance with requirements or conditions precedent to
21 issuance or delivery) shall apply to notes issued in
22 violation of the requirements of this subsection.
23 (b) Applicability of other provisions.--Except as otherwise
24 specifically stated in this section or in Subchapters A
25 (relating to general provisions), C (relating to provisions of
26 bonds and notes) and D (relating to sale of bonds and notes),
27 the provisions of Subchapter A applicable to ordinances
28 authorizing general obligation bonds or notes and the provisions
29 of Subchapters C and D applicable to general obligation bonds or
30 notes shall apply, respectively, to resolutions authorizing
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1 notes and to the notes authorized under this section.
2 (c) Sale of notes.--Notes authorized under this section may
3 be sold, without formal documents of sale, by delivery of the
4 notes upon receipt of the purchase price, or at the option of
5 the local government unit, they may be sold in compliance with
6 section 8107 (relating to award of bonds or notes) in which
7 event the term "ordinance" in section 8107 shall have reference
8 to the authorizing resolution required by this section.
9 (d) Refunding notes.--Refunding notes may be issued in
10 compliance with this section and with the provisions of
11 Subchapter C of Chapter 82 (relating to refunding of debt) for
12 the purpose of refunding notes previously issued under this
13 section provided that the maturity of the refunding notes shall
14 not extend beyond five years from the date of issuance of the
15 notes originally evidencing the debt refunded.
16 § 8110. Debt statement.
17 (a) General rule.--Before delivering any general obligation
18 bonds or notes or guaranteed revenue bonds or notes constituting
19 nonelectoral debt or before executing an instrument evidencing
20 lease rental debt, the officer or officers of a local government
21 unit shall prepare and verify under oath a debt statement as of
22 a date not more than 60 days before the filing with the
23 department or, in the case of notes issued under section 8109
24 (relating to small borrowing for capital purposes), before the
25 final adoption of the resolution authorizing their issue,
26 showing:
27 (1) The gross indebtedness of the local government unit
28 giving prospective effect to the provisions of section
29 8250(b) (relating to use of proceeds of refunding bonds and
30 when refunded bonds are no longer deemed outstanding) if debt
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1 is to be refunded.
2 (2) By items, the claimed credits and exclusions from
3 the gross indebtedness permitted by this subpart in
4 determining net debt.
5 (3) The aggregate principal amount of the bonds or notes
6 being issued or evidencing lease rental debt.
7 (4) The borrowing base of the local government unit as
8 shown by an appended borrowing base certificate.
9 (5) The applicable nonelectoral debt limit and the limit
10 for nonelectoral plus lease rental debt computed as provided
11 in this subpart.
12 (6) In the case of a refunding, the principal amount of
13 bonds or notes which will no longer be deemed to be
14 outstanding pursuant to section 8250(b) after settlement of
15 the issue.
16 (b) Previously excluded self-liquidating or subsidized
17 debt.--Where debt has previously been excluded as self-
18 liquidating or subsidized debt, the debt statement shall be
19 accompanied by a certification that no decrease in the amounts
20 to be excluded is required by any change of circumstances or, if
21 there has been a change, other than decreases resulting from the
22 payments of bonds or notes, so that less debt is to be excluded.
23 If it has become possible to exclude a greater amount of debt,
24 and the local government unit desires to do so, the debt
25 statement shall be accompanied by appropriate certificates
26 supporting the revised amount to be excluded, and a revised
27 approval shall be obtained from the department.
28 § 8111. Submission to department.
29 (a) General rule.--Before delivering any bonds or notes
30 other than notes representing small borrowings issued under
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1 section 8109 (relating to small borrowing for capital purposes),
2 the local government unit shall apply for and receive or be
3 deemed to have received the approval of the department under
4 section 8204 (relating to certificate of approval of transcript)
5 or 8206 (relating to effect of failure of timely action by
6 department). The application, in such form as the department
7 prescribes, shall be accompanied by a transcript of the
8 proceedings consisting of certified copies of any of the
9 following, not previously filed, which are applicable:
10 (1) The ordinance calling the election in the case of
11 electoral debt with proofs of all proper advertisements.
12 (2) The return of election.
13 (3) The ordinance or ordinances authorizing the bonds or
14 notes with proofs of proper publication.
15 (4) The accepted proposal for the purchase of the bonds
16 or notes.
17 (5) The ordinance or resolution awarding the bonds or
18 notes with proofs of proper publication of the ordinance.
19 (6) The debt statement if required by section 8110
20 (relating to debt statement) prepared pursuant thereto.
21 (7) Any certificates and proofs that may be necessary
22 for the exclusion of any portion of the series proposed to be
23 delivered or any prior series as self-liquidating debt or
24 subsidized debt if the exclusion is desired by the local
25 government unit.
26 (b) Lease rental debt submissions.--Before becoming bound on
27 any lease, guaranty, subsidy contract or other agreement
28 evidencing lease rental debt, a local government unit shall
29 apply for and receive or be deemed to have received the approval
30 of the department under section 8204 or 8206. The application,
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1 in a form the department prescribes, shall be accompanied by
2 certified copies of the following:
3 (1) The ordinance authorizing the execution of the
4 lease, guaranty, subsidy contract or other agreement with
5 proofs of proper publication.
6 (2) The debt statement prepared pursuant to section
7 8110.
8 (c) Validity of lease rental debt agreements.--No lease,
9 guaranty, subsidy contract or other agreement evidencing lease
10 rental debt executed and delivered after July 12, 1972, and
11 prior to the approval pursuant to section 8204 or 8206 of the
12 department shall be valid or obligatory. Except as reference is
13 made in this subpart to lease rental debt, this subpart shall
14 have no application to the authorization, issue or sale of its
15 obligations by any authority.
16 (d) Number of counterparts.--The application may be made in
17 as many counterparts as desired. The department, if it approves
18 the application, shall return all counterparts, except one, with
19 its certificate of approval appended to each.
20 § 8112. Agreements with bondholders or noteholders.
21 Except as otherwise specified in this subpart, a local
22 government unit may enter into and perform contracts with the
23 holders of its bonds or notes binding upon the original
24 purchasers and their respective transferees placing greater
25 reasonable and lawful restrictions on the local government unit
26 or on the action of individual holders of bonds or notes than
27 are provided in this subpart, but no additional agreement
28 restricting the action of a holder of a bond or note shall be
29 binding upon a remote holder of a bond or note unless the
30 substance of the agreement is set forth in the text of the bond
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1 or note, or set forth in a bond resolution or indenture of trust
2 which is kept available in one or more designated public offices
3 and to all of which a reference is made in the text of the bond
4 or note.
5 § 8113. Lost, stolen, destroyed or mutilated bonds or notes.
6 (a) General rule.--If any temporary or definitive bond or
7 note, including any tax anticipation note, lawfully issued under
8 this subpart or under applicable law prior to July 12, 1972,
9 becomes mutilated or is destroyed, stolen or lost, the local
10 government unit shall execute, and any sinking fund depository,
11 fiscal agent or trustee for bondholders shall, if required,
12 authenticate and deliver a new bond or note, with appropriate
13 coupons attached in the case of a bond or note in coupon form,
14 of like series and principal amount as the bond or note and
15 attached coupons, if any, so mutilated, destroyed, stolen or
16 lost, upon surrender and cancellation of the mutilated bond or
17 note and attached coupons, if any, or in lieu of and in
18 substitution for the bond or note and coupons, if any,
19 destroyed, stolen or lost.
20 (b) Procedure.--The local government unit shall proceed as
21 required under subsection (a) upon filing with the local
22 government unit or, if so provided in the bond ordinance, with
23 the sinking fund depository, fiscal agent or trustee, evidence
24 satisfactory to it that the bond or note and attached coupons,
25 if any, have been destroyed, stolen or lost and proof of
26 ownership thereof and upon furnishing of satisfactory indemnity
27 and complying with such other reasonable regulations as the
28 local government unit shall prescribe, and paying any reasonable
29 expenses, including counsel fees, as the local government unit
30 or the sinking fund depository, fiscal agent or trustee may
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1 incur. Mutilated bonds or notes and appurtenant coupons, if any,
2 surrendered shall be canceled.
3 (c) Status of replacement bonds and notes.--The new bonds or
4 notes and coupons, if any, so issued shall be independent
5 obligations and all limitations and debt limits shall be deemed
6 increased to the extent necessary to validate the new bonds or
7 notes and any appurtenant coupons.
8 § 8114. Evidence of signatures of holders and of ownership of
9 bonds, notes and tax anticipation notes.
10 Any request, consent or other instrument which may be
11 required or permitted to be executed by the holders of bonds or
12 notes, including tax anticipation notes, may be in one or more
13 instruments of similar tenor and shall be signed or executed by
14 the holders in person or by their attorneys appointed in
15 writing. Proof of the execution of the instrument, or of an
16 instrument appointing any such attorney, or the holding by any
17 person of bonds or notes or coupons appertaining thereto, shall
18 be sufficient for the purposes of this subpart and any
19 proceeding thereunder if made in the following manner:
20 (1) The certificate shall state that the person or
21 persons signing the instrument were known to be such persons
22 by the individual certifying and that the person or persons
23 acknowledged the execution of the instrument as his or their
24 act. The authority of an attorney or agent may be proven by
25 like statement of the principal acknowledged in a like
26 manner, but a certificate as to authority shall not be
27 necessary if an instrument is executed on behalf of a
28 corporate holder of bonds, notes or coupons by a person
29 purporting to be the president or a vice president of the
30 corporation with the corporate seal affixed and attested by a
19950S0689B2340 - 206 -
1 person purporting to be its secretary or an assistant
2 secretary. The fact and date of the execution by the holder
3 of any bond, note or coupon, or the attorney thereof, of any
4 instrument may be proved by the certificate, which, except as
5 provided in this section, need not be acknowledged or
6 verified, of any of the following:
7 (i) An officer of any bank or bank and trust company
8 which is in this Commonwealth or which has a
9 correspondent in this Commonwealth certifying to the
10 authenticity of its certificate.
11 (ii) An authorized signer for any broker or dealer
12 in securities doing business in this Commonwealth or
13 having a correspondent in this Commonwealth certifying to
14 the authenticity of its certificate.
15 (iii) Any notary public or other officer authorized
16 to take acknowledgments of deeds to be recorded in the
17 state in which he purports to act.
18 (iv) Any other witness to the execution whose
19 certificate must be verified before a notary public or
20 other officer authorized to take acknowledgments of deeds
21 in the state in which he purports to act.
22 (2) The ownership of fully registered bonds or notes or
23 of notes issued payable to the order of a named person, or
24 bonds or notes registered as to principal, and the amount,
25 number and date of holding them shall be proved by the
26 registry records maintained for the series in question.
27 (3) The amount of bonds or notes transferable by
28 delivery held by any person executing any instrument as the
29 holder of a bond, note or coupon, the number thereof and the
30 date of holding the bond, note or coupon may be proved by a
19950S0689B2340 - 207 -
1 like certificate of any person mentioned in paragraph (1)(i)
2 or (ii) stating that the holder exhibited to the person
3 executing the certificate, or had on deposit with him, the
4 bonds or notes described in the certificate. For purposes of
5 action to be taken by the holders of the bonds, notes or
6 coupons, the holder shall be deemed to continue if he acts
7 for a period of nine months after the date of the proof of
8 holding. Continued ownership after this period shall require
9 a new certificate or shall be taken as continuing if the
10 original certificate contains a statement that the bonds,
11 notes or coupons are on deposit with the signer and an
12 undertaking not to release them, and not to attorn to any new
13 owner, unless the certificate is presented to the depository.
14 (4) Any request, consent or vote of the owner of any
15 bond, note or coupon shall bind all future holders thereof if
16 a notation of the action is placed on the bond, note or
17 coupon, and also, even if not so noted, if notice thereof is
18 given once by publication in a newspaper of general
19 circulation in the county in which the local government unit
20 is located and in a journal of general circulation among
21 dealers in investment securities.
22 (5) In cases of disputed ownership, and in other cases,
23 in its discretion, a court, a local government unit or
24 trustee or fiscal or paying agent may require further or
25 other proof in cases where it deems it desirable.
26 § 8115. Contractual effect of ordinances and resolutions.
27 Except as otherwise provided in any ordinance or resolution
28 authorizing or awarding bonds or notes or tax anticipation
29 notes, the terms thereof and of this subpart as in effect when
30 the bonds or notes were authorized shall constitute a contract
19950S0689B2340 - 208 -
1 between the local government unit and the holders from time to
2 time of the bonds and notes subject to modification by the vote
3 of a majority of the holders or such larger portion thereof as
4 may be provided in the bond or note.
5 § 8116. Unfunded actuarial accrued liability - condition
6 precedent.
7 No bond or note issued to fund an unfunded actuarial accrued
8 liability shall be valid or obligatory in the hands of an
9 original purchaser until certified copies of the ordinance or
10 ordinances authorizing bonds or notes, the ordinance or
11 resolution awarding the bonds or notes and the certificate of
12 approval of the department have been filed with the Public
13 Employee Retirement Commission. No approval of the Public
14 Employee Retirement Commission shall be required.
15 SUBCHAPTER B
16 TAX ANTICIPATION NOTES AND FUNDING DEBT
17 Sec.
18 8121. Power to issue tax anticipation notes.
19 8122. Limitation on amount of tax anticipation notes.
20 8123. Maturity date and time of payment of interest.
21 8124. Other terms of tax anticipation notes.
22 8125. Security for tax anticipation notes and sinking fund.
23 8126. Certification as to taxes and revenues to be collected.
24 8127. Sale of tax anticipation notes.
25 8128. Condition precedent to validity of tax anticipation notes.
26 8129. Scope of unfunded debt.
27 8130. Approval by court to fund unfunded debt.
28 § 8121. Power to issue tax anticipation notes.
29 A local government unit may have power and authority, by
30 resolution of its governing body, to borrow money from time to
19950S0689B2340 - 209 -
1 time in any fiscal year in anticipation of the receipt of
2 current taxes or current revenues, or both, to evidence the
3 obligation by notes, appropriately designated, and to authorize,
4 issue and sell the notes in the manner, and subject to the
5 limitations provided therefor in this subchapter. References in
6 this subpart to tax anticipation notes include also revenue
7 anticipation notes and tax and revenue anticipation notes.
8 Limitations imposed by this subpart on the incurring of
9 nonelectoral debt shall not apply to the obligations evidenced
10 by tax anticipation notes. The power to borrow from time to time
11 shall include the power to make a single authorization and then
12 issue and sell portions of that amount of authorized notes
13 whenever desired during the fiscal year.
14 § 8122. Limitation on amount of tax anticipation notes.
15 (a) General rule.--No local government unit shall authorize
16 or issue tax anticipation notes in any one fiscal year which in
17 the aggregate shall exceed 85% of:
18 (1) In the case of notes solely payable from and secured
19 by a pledge of taxes, the amount of the taxes levied for the
20 current fiscal year.
21 (2) In the case of notes solely payable from and secured
22 by a pledge of revenues other than tax revenues, the amount
23 of the revenues pledged.
24 (3) In the case of notes payable from and secured by a
25 pledge of taxes and other revenues, the sum of the taxes
26 levied and the revenues pledged.
27 The taxes or revenues or both shall be certified, pursuant to
28 section 8126 (relating to certification as to taxes and revenues
29 to be collected), as remaining to be collected or received in
30 the fiscal year during the period when the notes will be
19950S0689B2340 - 210 -
1 outstanding. The certificate shall be as of a date not more than
2 30 days prior to, and no later than, the date of the vote on the
3 resolution authorizing the issue and sale of the tax
4 anticipation notes.
5 (b) Computation of notes outstanding.--In computing the
6 aggregate amount of tax anticipation notes outstanding at any
7 given time during the fiscal year for the purpose of the
8 limitation imposed by this section, allowance shall be made for
9 notes that have already been fully paid and for amounts already
10 paid into appropriate sinking funds, if any.
11 § 8123. Maturity date and time of payment of interest.
12 No tax anticipation notes shall be stated to mature beyond
13 the last day of the fiscal year in which the tax anticipation
14 notes are issued. Interest on tax anticipation notes from the
15 date thereof shall be payable at the maturity of the notes or
16 payable in installments at such earlier dates and at such annual
17 rate or rates determined by the governing body of the local
18 government unit.
19 § 8124. Other terms of tax anticipation notes.
20 Tax anticipation notes shall be issued in denominations,
21 shall be subject to rights of prior redemption, shall have
22 privileges of interchange and registration, shall be dated,
23 shall be stated to mature, subject to the provisions of section
24 8123 (relating to maturity date and time of payment of
25 interest), on dates and in amounts, shall be in registered or
26 bearer form with or without coupons, shall be payable in such
27 coin or currency as at the place and at the time of payment is
28 legal tender for the payment of public and private debts and
29 shall be payable at any place or places, one of which shall be
30 in this Commonwealth, all as the governing body of the issuing
19950S0689B2340 - 211 -
1 local government unit may determine by resolution.
2 § 8125. Security for tax anticipation notes and sinking fund.
3 (a) General rule.--All tax anticipation notes issued in a
4 single fiscal year shall be equally and ratably secured by the
5 pledge of, security interest in, and a lien and charge on, the
6 taxes or revenues, or both, of the local government unit
7 specified in the authorizing resolution to be received during
8 the period when the notes will be outstanding. The pledge, lien
9 and charge shall be fully perfected as against the local
10 government unit, all creditors thereof and all third parties in
11 accordance with the terms of the resolution from and after the
12 filing of any financing statement or statements required under
13 Title 13 (relating to commercial code). For the purpose of this
14 filing, the sinking fund depository, if any, otherwise the
15 fiscal agent or paying agent designated in the notes, may act as
16 the representative of noteholders and, in such capacity, execute
17 and file the financing statement and any continuation or
18 termination statements as secured party. The authorizing
19 resolution may establish one or more sinking funds and provide
20 for periodic or other deposits therein and may contain covenants
21 or other provisions as the local government unit determines. The
22 amount of any tax anticipation notes issued in compliance with
23 this subpart shall be general obligations of the local
24 government unit and, if the amounts are not paid within the
25 fiscal year in which the notes were issued, they shall be deemed
26 to be nonelectoral debt enforceable in the manner of a general
27 obligation which, unless funded pursuant to this subpart, shall
28 be included in the budget of the local government unit for the
29 ensuing fiscal year and shall be payable from the taxes and
30 revenues of the ensuing year notwithstanding that the amount
19950S0689B2340 - 212 -
1 thereof shall cause the nonelectoral debt of the local
2 government unit to exceed the limitations of Subchapter B of
3 Chapter 80 (relating to limitations on debt of local government
4 units).
5 (b) First class school districts.--The holder of the tax
6 anticipation notes issued by a first class school district or
7 the sinking fund depository of the applicable sinking fund, if
8 any, shall have the right to enforce the pledge of security
9 interest in and lien and charge on the pledged taxes and
10 revenues of the first class school district against all
11 Commonwealth and local public officials in possession of any of
12 the taxes and revenues at any time which may be collected
13 directly from the officials upon notice by the holder or
14 depository for application to the payment as and when due or for
15 deposit in the applicable sinking fund at the times and in the
16 amounts specified in the tax anticipation notes. Any
17 Commonwealth or local public official in possession of any of
18 the taxes and revenues shall make payment, against receipt
19 therefor, directly to the holder of the tax anticipation notes
20 or to the depository upon the notice and shall thereby be
21 discharged from any further liability or responsibility for the
22 taxes and revenues. If the payment is to a holder of tax
23 anticipation notes, it shall be made against surrender of the
24 notes to the payor for delivery to the first class school
25 district in the case of payment in full; otherwise it shall be
26 made against production of the notes for notation thereon of the
27 amount of the payment. The provisions of this subsection with
28 respect to the enforceability and collection of taxes and
29 revenues which secure tax anticipation notes of a first class
30 school district shall supersede any contrary or inconsistent
19950S0689B2340 - 213 -
1 statutory provision or rule of law. This subsection shall be
2 construed and applied to fulfill the legislative purpose of
3 clarifying and facilitating temporary borrowings by a first
4 class school district by assuring to holders of tax anticipation
5 notes the full and immediate benefit of the security therefor
6 without delay, diminishment or interference based on any
7 statute, decision, ordinance or administrative rule or practice.
8 § 8126. Certification as to taxes and revenues to be collected.
9 Prior to each authorization of tax anticipation notes,
10 authorized officers of the local government unit shall make an
11 estimate of the moneys to be received during the period when the
12 notes will be outstanding from taxes then levied and assessed
13 and revenues, including subsidies or reimbursements to be
14 received. The estimate shall take due account of the past and
15 anticipated collection experience of the local government unit
16 and of current economic conditions. The estimate shall be
17 certified by the officers and their written certificate dated
18 not more than 30 days prior to the date of the authorization of
19 the notes and filed with the proceedings authorizing the tax
20 anticipation notes with the department.
21 § 8127. Sale of tax anticipation notes.
22 Tax anticipation notes may be sold at public, private or
23 invited sale as the governing body of the local government unit
24 may determine. Any public sale shall be advertised and conducted
25 in the manner and subject to the conditions provided for a
26 public sale of bonds in Subchapter D (relating to sale of bonds
27 and notes), except as modified by this subchapter. The governing
28 body of the local government unit shall award the notes by
29 resolution to specified purchasers at a specified price, not
30 less than the principal amount. At the time of delivery of each
19950S0689B2340 - 214 -
1 issue, series or subseries of tax anticipation notes, authorized
2 officers of the local government unit shall certify to the
3 original purchasers that the amount of all such notes to remain
4 outstanding will not exceed the limitations of section 8122
5 (relating to limitation on amount of tax anticipation notes)
6 calculated, however, from the date of the certificate to the
7 respective maturity dates of all the notes to remain
8 outstanding. The certificate need not be filed with the
9 department, but a copy of it shall be retained by the local
10 government unit until all tax anticipation notes issued during
11 the fiscal year have been paid in full.
12 § 8128. Condition precedent to validity of tax anticipation
13 notes.
14 No tax anticipation note shall be valid or obligatory in the
15 hands of an original purchaser until certified copies of the
16 authorizing and awarding resolution, the certificate as to the
17 taxes and revenues remaining to be collected and a true copy of
18 the accepted proposal for the purchase of the tax anticipation
19 notes shall have been filed with the department. No approval by
20 the department shall be required.
21 § 8129. Scope of unfunded debt.
22 For the purpose of this subchapter, unfunded debt means
23 obligations of the same or one or more prior years incurred for
24 current expenses, including tax anticipation notes, due and
25 owing or judgments against the local government unit entered by
26 a court after adversary proceedings, for the payment of either
27 of which category the taxes and other revenues remaining to be
28 collected in the fiscal year and funds on hand will not be
29 sufficient without a curtailment of municipal services to an
30 extent endangering the health or safety of the public or proper
19950S0689B2340 - 215 -
1 public education and the local government unit either may not
2 legally levy a sufficient tax for the balance of the fiscal
3 year, or a sufficient tax, if legally leviable, would not be in
4 the public interest. Unfunded debt does not, however, include
5 debt incurred under this subpart or obligations in respect of a
6 project or part of a project as incurred in respect of the cost
7 of a project.
8 § 8130. Approval by court to fund unfunded debt.
9 (a) General rule.--Whenever the governing body of a local
10 government unit shall be of the opinion that it has outstanding
11 unfunded debt, it may, by petition to the court of common pleas
12 setting forth the facts, request approval for the issuance of
13 bonds or notes to fund the unfunded debt. After hearing, on such
14 notice to the local government unit and its taxpayers as the
15 court may prescribe, the court shall make an order granting
16 authority to fund all or a part of the unfunded debt if the
17 court finds that the unfunded debt is a lawful obligation of the
18 local government unit; that there has been an unforeseeable
19 decline in revenues, or that taxes levied have not produced the
20 revenues anticipated or that it was not reasonable to foresee
21 the obligation; that paying the debt by curtailing municipal
22 services will be dangerous to the public health, safety or
23 education; and that it is not feasible or not in the public
24 interest to levy additional taxes in the current fiscal year.
25 The funding debt so approved shall be stated to mature in the
26 amounts and over the number of years, not exceeding ten, as the
27 court finds will accomplish the payment of the debt without
28 endangering the rendering of municipal services or requiring the
29 levying of excessive taxes. If the funding of the unfunded debt
30 has not been approved by a vote of the electors, the order of
19950S0689B2340 - 216 -
1 the court upon cause shown may fix the portion, if any, which
2 shall not be charged against the nonelectoral debt limitations
3 of the local government unit under sections 8022 (relating to
4 limitations on incurring of other debt) and 8125 (relating to
5 security for tax anticipation notes and sinking fund) during the
6 time the funding debt is outstanding.
7 (b) Issuance and sale of bonds or notes.--The bonds or notes
8 representing funding debt so authorized by the court shall be
9 issued and sold by the governing body as provided by other
10 provisions of this subpart in respect of general obligation
11 bonds except as these provisions are modified by this section or
12 by orders of the court issued under this section, and the
13 proceedings filed by the local government unit in respect of the
14 funding bonds under section 8201 (relating to certification to
15 department of bond or note transcript or lease, guaranty,
16 subsidy contract or other agreement) shall include certified
17 copies of the petition and of the order of the court.
18 (c) Applicability.--This section shall not apply to the
19 funding of obligations in respect of a project or part of a
20 project or incurred in respect of the cost of a project.
21 SUBCHAPTER C
22 PROVISIONS OF BONDS AND NOTES
23 Sec.
24 8141. Form of bonds or notes.
25 8142. Limitations on stated maturity dates.
26 8143. Disposition of proceeds notwithstanding certain
27 limitations.
28 8144. Number of interest rates.
29 8145. Place and medium of payment.
30 8146. Execution of bonds or notes.
19950S0689B2340 - 217 -
1 8147. Pledge of revenues.
2 8148. Deeds of trust and other agreements with bondholders
3 and noteholders.
4 8149. Negotiable qualities of bonds and notes.
5 8150. Temporary bonds or notes or interim receipts.
6 § 8141. Form of bonds or notes.
7 Bonds or notes may be issued in such denominations, in coupon
8 form payable to bearer or registrable as to principal, or in
9 fully registered form, with such provisions for exchangeability
10 and interchangeability; shall bear such identifying designation
11 or title, including words indicating whether the bonds or notes
12 are general obligation, revenue, guaranteed revenue or limited <--
13 guaranty revenue bonds or notes; shall be dated; shall bear such
14 rate or rates of interest, including supplemental, contingent or
15 variable interest, but if contingent or variable interest is
16 specified, a maximum rate or amount shall also be specified;
17 shall be payable on those dates; may be subject to such
18 provisions for prior redemption in whole or in part or both, at
19 such price or prices and at such times; shall be stated to
20 mature, or may be payable in installments, on a date or dates
21 and in such amounts; may provide for the payment by the issuer
22 of such tax or taxes on the bonds or notes, either absolutely or
23 out of pledged revenues; and may provide for such pledge of
24 revenues, the establishment of such reserves and other terms; as
25 the governing body of the issuing local government unit may
26 determine by ordinance or ordinances adopted prior to the
27 delivery of the bonds or notes, subject to the limitations and
28 restrictions specified in this subpart.
29 § 8142. Limitations on stated maturity dates.
30 (a) General rule.--No bonds or notes shall be issued with a
19950S0689B2340 - 218 -
1 stated maturity date exceeding the sooner to occur of:
2 (1) Forty years from the date of the series of any bonds
3 or notes issued to evidence debt for the purpose of financing
4 the cost of actually constructing, acquiring or improving a
5 project or a separately financed portion of a project or
6 funding an unfunded actuarial accrued liability.
7 (2) (i) The useful life of the project being financed
8 as stated in the ordinance of the local government unit
9 enacted in connection with the series of bonds or notes
10 to be issued for the project, which statement in the
11 ordinance shall be conclusive for all purposes. If
12 projects have been combined for financing pursuant to
13 section 8101 (relating to combining projects for
14 financing or series of bonds or notes for sale) and the
15 projects have different useful lives, it is sufficient
16 for this section if an aggregate principal amount of
17 bonds or notes equal to the separate cost of each project
18 having a shorter useful life have been stated to mature
19 prior to the end of the useful life, and the balance
20 prior to the end of the longest useful life. For the
21 purpose of this paragraph, the inclusion of furnishings,
22 machinery, apparatus or equipment for a construction or
23 acquisition project shall not be deemed to be the
24 combining of projects but the useful life of the project
25 shall be that of the building, structure or improvement
26 constructed or acquired.
27 (ii) Where capital budgeting is practiced and bonds
28 are issued to fund the current portion of a capital
29 budget involving projects of varying useful lives, a
30 uniform term of 30 years may be used.
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1 (iii) Where the project being financed is a
2 countywide revision of assessment of real property, the
3 useful life shall be a term of no more than ten years.
4 (iv) Where a project consists of the funding of all
5 or a portion of a reserve, or a contribution toward a
6 combined reserve, pool or other arrangement, relating to
7 self-insurance, the useful life shall be the term
8 specified in the ordinance of the local government unit,
9 not to exceed 20 years, or if none is specified, then the
10 useful life shall be deemed to be 20 years.
11 (b) Mandatory redemption and stated maturities or
12 installments.--Bonds or notes may be serial bonds or notes or
13 term bonds or notes or any combination thereof that may be
14 selected by the governing body of the issuing local government
15 unit. Except for bonds or notes issued to fund an unfunded
16 actuarial accrued liability, if term bonds or notes are issued,
17 the bonds or notes shall be subject to mandatory redemption,
18 and, if serial or installment bonds or notes, the amounts of the
19 stated maturities or installments shall be fixed:
20 (1) so as to amortize the issue on at least an
21 approximately level annual debt service plan during the
22 period specified for the payment of principal in subsection
23 (c); or
24 (2) so that the debt service on outstanding debt of the
25 same classification, and for this purpose lease rental debt
26 shall be considered as the same classification as general
27 obligation debt, will be brought more nearly into an over-all
28 level annual debt service plan.
29 (c) Deferral of stated installments or maturities or
30 mandatory redemption.--Except as provided by subsection (e),
19950S0689B2340 - 220 -
1 stated installments or maturities of principal of any series of
2 bonds or notes or the mandatory redemption of the principal may
3 not be deferred beyond the later of two years from date of issue
4 or one year after estimated completion of construction. In the
5 case of revenue or guaranteed revenue bonds, this provision will
6 be satisfied by a covenant for the mandatory application to term
7 bonds of such revenues as may remain after payment of interest
8 and operating expenses up to a fixed amount conforming to
9 subsection (b) as shall be specified in the ordinance pursuant
10 to which the bonds or notes are issued.
11 (d) Fixing earlier maturity dates.--This section does not
12 prevent the fixing of the amount of stated maturity dates so
13 that a greater percentage of a series will mature on earlier
14 dates than those allowable by this subpart.
15 (e) Maturity dates for different series.--This section does
16 not prevent the authorization of bonds or notes of an issue for
17 sale in one or more series, in which case the first stated
18 maturity of a later series may be later than, but not more than
19 15 months later than, the last stated maturity of the next
20 preceding series.
21 § 8143. Disposition of proceeds notwithstanding certain
22 limitations.
23 A local government unit which issues bonds or notes to fund
24 an unfunded actuarial accrued liability shall contribute to the
25 applicable pension trust fund the proceeds of the bonds or
26 notes, after deduction of costs of issuance, underwriter's
27 discount and original issue discount, notwithstanding that the
28 contribution may exceed a limitation on contributions to
29 retirement systems, pension plans or pension trust funds
30 otherwise applicable to the local government unit.
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1 § 8144. Number of interest rates.
2 A series of bonds or notes may have any number of interest
3 rates, subject to any limitation on such number fixed by the
4 governing body of the issuing local government unit, but, unless
5 further limited by the issuing local government unit in the
6 official notice of sale, no fixed interest rate for any stated
7 maturity date in the last two-thirds of the period of the series
8 may be less than that stated for the immediately preceding year
9 which falls within the last two-thirds period.
10 § 8145. Place and medium of payment.
11 Bonds or notes shall be payable in such coin or currency as
12 at the respective dates of payment thereof shall be legal tender
13 for the payment of public and private debts at the place or
14 places of payment. Both principal and interest shall be payable
15 at the place or places determined by the local government unit.
16 If more than one place of payment is specified, one or more of
17 the additional places of payment may be outside of this
18 Commonwealth or outside of the United States.
19 § 8146. Execution of bonds or notes.
20 Bonds or notes, including tax anticipation notes, shall be
21 signed by such officers of the local government unit, and coupon
22 bonds shall have attached thereto interest coupons bearing the
23 facsimile signature of such officer of the local government
24 unit, and the bonds or notes may be sealed with the seal of the
25 local government unit or a facsimile thereof, all as may be
26 determined by the governing body. Bonds or notes may provide
27 that they are not valid or enforceable unless authenticated by a
28 specified bank, bank and trust company or trust company. If any
29 one signature on a bond or note, including the signature of the
30 authenticating party, is manual, all other signatures may be by
19950S0689B2340 - 222 -
1 facsimile. If any officer whose signature, or a facsimile of
2 whose signature, appears on any notes, bonds or coupons ceases
3 to be such officer before the delivery of the notes or bonds,
4 the signature or the facsimile shall nevertheless be valid and
5 sufficient for all purposes as if he had remained in office
6 until delivery. Any note, bond or coupon may bear the facsimile
7 signature of, or may be signed by, those persons as at the
8 actual time of the execution of the note, bond or coupon were
9 the proper officers to sign although at the date of the
10 instrument these persons may not be such officers.
11 § 8147. Pledge of revenues.
12 The governing body of any local government unit which has
13 determined to issue any revenue bonds or notes, or any
14 guaranteed revenue bonds or notes, may provide, by ordinance,
15 for such pledges of or priorities in such rentals, revenues,
16 receipts, rates and charges to be received from projects of the
17 issuing local government unit as may be desirable. The pledge or
18 priority shall be perfected as a security interest against all
19 creditors of the local government unit and all third parties, in
20 accordance with the terms of the ordinance, from and after the
21 filing of a financing statement or statements in accordance with
22 Title 13 (relating to commercial code). For the purpose of
23 filing, the sinking fund depository may act as representative of
24 the bond or note holders and, in that capacity, execute and file
25 the financing statement and any continuation or termination
26 statements as secured party.
27 § 8148. Deeds of trust and other agreements with bondholders
28 and noteholders.
29 (a) General rule.--A local government unit shall have the
30 power to enter into any deed of trust, trust indenture or other
19950S0689B2340 - 223 -
1 agreement with any bank, bank and trust company, trust company
2 or other person or persons in the United States having power to
3 enter into such agreements or accept such trusts, including any
4 Federal agency, as security for any notes or bonds of the local
5 government unit providing for the following:
6 (1) The payment of the interest on and principal of the
7 notes or bonds; the authentication of the original issue; the
8 custody of sinking funds or other funds held or to be held
9 pending presentation of coupons, notes or bonds for payment;
10 the custody of debt service reserve funds or other funds to
11 be held as reserves; the disbursement of interest to holders
12 of fully registered bonds or notes; the cremation or other
13 destruction of coupons, bonds or notes which have been paid;
14 and registration, exchanges and transfers and the maintenance
15 of records of those transactions.
16 (2) The construction, improvement, operation,
17 maintenance and repair of any project being financed.
18 (3) Limitations on the purposes to which the proceeds of
19 the bonds then or thereafter to be issued in connection with
20 the project, or of any loan or grant by the United States or
21 the Commonwealth may be applied.
22 (4) The rights and remedies of such trustee or other
23 person and the holder of the bonds or notes, which may
24 include reasonable restrictions upon the individual right of
25 action of the holders.
26 (5) The terms and provisions, including stated
27 maturities and sinking fund and other reserve fund
28 provisions, not in conflict with the limitations imposed by
29 this subpart, but which may be more limiting, of, or provided
30 for, the bonds or notes being issued or which may hereafter
19950S0689B2340 - 224 -
1 be issued in connection with the project being financed.
2 (b) Revenue and guaranteed revenue bonds.--In connection
3 with any revenue bonds or guaranteed revenue bonds, such deeds
4 of trust, trust indentures or other agreements may contain
5 provisions as to the following:
6 (1) The rate of rents, charges, rates or tolls to be
7 imposed for the use of the project being financed or the
8 rendering of services through the use of the project, or
9 both, to ensure a sufficiency of revenues to cover operating
10 expenses, debt service and an appropriate surplus.
11 (2) The setting aside of reserves or other earmarked
12 funds, and limitation upon the use, investment and
13 disposition thereof for the better security of the bonds or
14 notes.
15 (3) Limitations on the issue of additional bonds or
16 notes ranking equally or having priority in claim on revenues
17 with the bonds being issued.
18 (4) Any other or additional agreements with the holders
19 of bonds or notes as may be customary in these agreements,
20 provided no delegation of essential governmental powers is
21 made.
22 (c) Ordinance provisions in lieu of agreement.--In lieu of a
23 deed of trust, trust indenture or other agreement specified in
24 this section, the bond ordinance of the local government unit
25 may contain similar provisions which shall be a contract between
26 the local government unit and the holders from time to time of
27 its bonds or notes.
28 (d) Limitation on delegation of function.--No deed of trust
29 shall delegate the performance of essential governmental
30 functions to a trustee, fiscal agent or receiver. For purposes
19950S0689B2340 - 225 -
1 of this section, the matters enumerated are not deemed to be
2 essential governmental functions.
3 § 8149. Negotiable qualities of bonds and notes.
4 (a) Securities.--Bonds or notes issued pursuant to this
5 subpart, including tax anticipation notes, which have all the
6 qualities and incidents of securities under Title 13 (relating
7 to commercial code), shall be negotiable instruments.
8 (b) Commercial paper.--Such bonds and notes issued pursuant
9 to this subpart which are not securities shall have all the
10 qualities and incidents of commercial paper under Title 13 and
11 shall be negotiable instruments notwithstanding any references
12 in them to the terms of the authorizing bond ordinance or any
13 trust indenture, deed of trust or other agreement, or any
14 variations in the rate of interest provided in the note, or any
15 limitation upon the funds from which or limitations as to the
16 bonds with which the notes may be paid or any restriction upon
17 the remedies of the holders.
18 § 8150. Temporary bonds or notes or interim receipts.
19 Pending the preparation of definitive bonds or notes,
20 including tax anticipation notes, temporary bonds or notes or
21 interim receipts may be issued in such form and containing such
22 terms and such provisions for exchange for definitive bonds or
23 notes as the local government unit may determine.
24 SUBCHAPTER D
25 SALE OF BONDS AND NOTES
26 Sec.
27 8161. Manner of sale of bonds or notes.
28 8162. Contents of public advertisement and of official notice
29 of sale.
30 8163. Proposals for purchase.
19950S0689B2340 - 226 -
1 8164. Opening of bids.
2 8165. Determination of highest and best bid.
3 8166. Required bid security.
4 8167. Reserved right to reject bids.
5 8168. Failure to receive conforming bid.
6 8169. Determination of net interest cost and net interest
7 rate.
8 § 8161. Manner of sale of bonds or notes.
9 (a) General rule.--Except as otherwise specifically provided
10 in this subpart and subject to subsection (b), bonds or notes
11 may be sold at public or private sale by negotiation or upon
12 invitation and at the price the governing body of the issuing
13 local government unit shall determine. Before making any private
14 sale by negotiation of bonds or notes, the governing body shall
15 adopt a resolution finding that a private sale by negotiation is
16 in the best financial interest of the local government unit.
17 Bonds or notes may be conditionally sold before the final
18 details of the series are fixed.
19 (b) Public sale.--Bonds or notes, if sold at public sale,
20 shall be sold to the highest responsible bidder or bidders after
21 one public notice by advertisement of either the official notice
22 of sale, or of the availability of the official notice of sale,
23 in at least one and not more than two newspapers of general
24 circulation in the county in which the local government unit is
25 located. The advertisement may also be published in a financial
26 journal circulating among the underwriters of securities.
27 Advertisements shall be published not less than ten nor more
28 than 30 days prior to the date fixed for opening proposals and
29 need not appear on the same date nor successively in each
30 newspaper or journal.
19950S0689B2340 - 227 -
1 § 8162. Contents of public advertisement and of official notice
2 of sale.
3 (a) Advertisement.--The advertisement of the availability of
4 the official notice of sale shall contain the following:
5 (1) The title, designation and principal amount of the
6 bonds or notes to be sold.
7 (2) A general statement of the term of the issue and
8 whether it will consist of term bonds or notes, serial bonds
9 or notes, or both.
10 (3) A statement whether proposals must be for all but
11 not less than all of the notes or bonds being sold, or, if
12 separate lots may be bid separately, a statement as to the
13 composition of each lot.
14 (4) The place and time for the receipt of sealed
15 proposals.
16 (5) The amount of the bid security to be furnished by
17 the bidder and the method selected for determining net
18 interest cost.
19 (6) A statement of the names and addresses of the
20 officer and any other persons from whom an official notice of
21 sale, other details concerning the issuing local government
22 unit, the project, and the official form of proposal, if any,
23 may be obtained.
24 (b) Official notice of sale.--The local government unit
25 shall adopt an official notice of sale which shall set forth,
26 succinctly all of the following:
27 (1) The time and place for the receipt of proposals and
28 the officer designated to receive them.
29 (2) A description of the bonds or notes being offered,
30 including:
19950S0689B2340 - 228 -
1 (i) The title and type of bonds or notes being
2 offered.
3 (ii) The date thereof.
4 (iii) The stated maturity dates and amounts at each
5 date.
6 (iv) The dates of interest payments.
7 (v) The place or places of payment of interest and
8 principal, which amounts, dates and places may be left
9 open to selection by the successful bidder.
10 (vi) The form and denominations of the notes or
11 bonds being offered.
12 (vii) Any provisions for registration, exchange and
13 interchange.
14 (viii) The terms of any sinking fund or reserve
15 funds to be established.
16 (ix) The terms of other provisions made for the
17 security of the bonds or notes.
18 (x) The dates, prices and terms of any provision for
19 the redemption thereof prior to stated maturity dates.
20 (3) A statement of the terms of the bidding, including:
21 (i) The method for determining net interest cost.
22 (ii) Whether bids must be for all but not less than
23 all or, if separate bids for separate lots may be
24 submitted, a description of each lot.
25 (iii) The limitation on the number and variation
26 between high and low interest rates to be permitted.
27 (iv) The required bid security.
28 (v) The permitted discount from par, if any.
29 (vi) The funds in which the balance of the purchase
30 price shall be paid.
19950S0689B2340 - 229 -
1 (vii) The place at which the balance may be paid or
2 the method of determining that place.
3 (viii) The effect on the obligation to purchase the
4 notes or bonds of litigation pending or change in tax or
5 other applicable laws occurring before the settlement for
6 the bonds or notes.
7 (ix) The nature of the opinion of bond counsel to be
8 delivered at the time of payment for the bonds or notes
9 and the effect of any failure to deliver such opinion.
10 (x) The reserved right to reject bids provided for
11 in section 8167 (relating to reserved right to reject
12 bids).
13 (4) Such additional provisions as may be desired,
14 including statements as to the furnishing of copies of
15 documents, including an official statement of essential
16 facts, the estimated date for delivery of bonds or notes and
17 whether the bonds or notes will be delivered in definitive or
18 temporary form and, if temporary, the time and manner of
19 exchange for definitive bonds or notes.
20 § 8163. Proposals for purchase.
21 Every bid or proposal for bonds or notes shall be in writing,
22 shall be properly executed and, in the case of public sale,
23 shall be placed in a sealed envelope sufficiently labeled to
24 indicate that it is a bid or proposal for the bonds or notes
25 being sold, before being delivered to the officer designated to
26 receive it, or to an authorized delegate.
27 § 8164. Opening of bids.
28 In the case of public sale, at the time and place fixed in
29 the notice, the bids or proposal received shall be publicly
30 opened by the designated officer, or his authorized delegate,
19950S0689B2340 - 230 -
1 and publicly read aloud, unless the governing body determines to
2 return all bids unopened.
3 § 8165. Determination of highest and best bid.
4 (a) General rule.--The highest responsible bidder shall be
5 the one who, having complied with the terms of the official
6 notice of sale, offers to take all of the bonds or notes, or any
7 separate lot thereof on which separate bids may be made, at the
8 lowest net interest cost to the local government unit, or if
9 required by the terms of any agreement with the Federal
10 government or the Commonwealth or any agency of either of them,
11 the highest responsible bidder shall be the one bidding in
12 conformity with the requirements for the successful bidder
13 stipulated in the agreement. The net interest cost shall be
14 computed in accordance with section 8169 (relating to
15 determination of net interest cost and net interest rate).
16 (b) Tie bids.--If two or more proposals are found to be the
17 highest and best bids on identical terms conforming to the
18 offering, the bonds or notes shall, with the consent of the
19 bidders, be awarded to them jointly or, absent such consent, may
20 be awarded to any one of the bidders selected by lot in any
21 manner deemed fair by the local government unit.
22 § 8166. Required bid security.
23 In the case of public sale, bid security shall be given by
24 each bidder, shall be in cash or by certified or official bank
25 check payable to the local government unit and shall be not less
26 than 2% of the principal amount of the bonds or notes to be
27 purchased. The bid security of the unsuccessful bidder or
28 bidders shall be returned to each unsuccessful bidder, without
29 interest, in accordance with written instructions of the bidder
30 conforming to the official notice of sale, promptly upon an
19950S0689B2340 - 231 -
1 award of the bonds or notes or upon the rejection of all bids.
2 The bid security of the successful bidder shall be retained by
3 the treasurer of the local government unit and, with or without
4 allowance for interest as the official notice of sale may
5 specify, shall be applied on the purchase price when the bonds
6 or notes are actually delivered and paid for, retained as
7 liquidated damages if the bidder defaults, or returned to the
8 bidder with interest at the judgment rate if, after an
9 acceptance of the proposal, the bonds or notes are not issued
10 for any reason not constituting a default by the bidder. Unless
11 required by the local governing body, no bid security shall be
12 required in the case of tax anticipation notes, bond
13 anticipation notes or notes to be issued under section 8109
14 (relating to small borrowing for capital purposes).
15 § 8167. Reserved right to reject bids.
16 Every official notice of sale of bonds or notes shall provide
17 that the right is reserved to the governing body of the local
18 government unit to reject all bids or proposals, but in a case
19 where conforming bids have been received, opened and rejected,
20 any subsequent sale within a period of two calendar months of
21 bonds or notes in substantially the same amount and for the same
22 purpose must be a public sale to be held at such later time as
23 the governing body may determine to be advantageous.
24 § 8168. Failure to receive conforming bid.
25 If bonds or notes are advertised for public sale and no
26 conforming bid is received or if all bids are returned unopened,
27 then the local government unit may cancel the sale and devise a
28 new series for sale or, in the alternative, it may sell the
29 series parts, from time to time, during the ensuing six months
30 at private sale in accordance with the terms originally
19950S0689B2340 - 232 -
1 advertised with any changes in call price or dates of call for
2 prior redemption or both as may be deemed desirable. After the
3 six-month period, the local government unit may sell any unsold
4 portion of the series in any manner permitted by this subpart,
5 with such appropriate changes in the call prices or dates or
6 call for prior redemption or both or in other terms as may be
7 deemed advisable, provided that as so changed, the two portions
8 of the series when combined and any issue of which the series is
9 a part are in conformity with the requirements of this subpart
10 as to term, interest rate and stated maturities.
11 § 8169. Determination of net interest cost and net interest
12 rate.
13 (a) Net interest cost.--Net interest cost may be determined
14 by using either the street method or the present worth method
15 whichever method shall be specified in the official notice of
16 sale.
17 (b) Street method.--Under the street method, a dollar amount
18 shall be determined by computing the total amount of interest
19 payable over the life of the series to stated maturity dates or
20 earlier mandatory call dates and subtracting therefrom the
21 amount of any premium paid above the aggregate principal amount
22 of the bonds or notes or adding thereto the amount of any
23 discount lawfully allowed in the sale.
24 (c) Present worth method.--Under the present worth method
25 there shall be ascertained the semiannual rate, compounded
26 semiannually, necessary to discount to present worth as of the
27 date of the bonds or notes, the amounts payable on each interest
28 payment date and on each stated maturity or earlier mandatory
29 redemption date so that the aggregate of such amounts will equal
30 the purchase price offered therefor exclusive of interest
19950S0689B2340 - 233 -
1 accrued to the date of delivery. The net interest cost shall be
2 stated in terms of an annual percentage rate and shall be that
3 rate of interest which is twice the semiannual rate so
4 ascertained.
5 (d) Net interest rate.--The net interest rate for a series
6 sold under the present worth method shall be the rate of the net
7 interest cost. For a series sold under the street method, the
8 net interest rate shall be determined by dividing the net
9 interest cost by the product of $1,000 multiplied by the number
10 of bond years from the date of the bonds or notes to the stated
11 maturity or earlier mandatory call dates. A bond year shall be
12 one full year that $1,000 of principal amount shall be
13 outstanding and less than full years shall be fractionalized on
14 a 360-day year basis.
15 CHAPTER 82
16 MISCELLANEOUS PROVISIONS
17 Subchapter
18 A. Department of Community Affairs
19 B. Sinking Funds and Other Funds and Accounts
20 C. Refunding of Debt
21 D. Remedies
22 E. Penalties
23 SUBCHAPTER A
24 DEPARTMENT OF COMMUNITY AFFAIRS
25 Sec.
26 8201. Certification to department of bond or note
27 transcript or lease, guaranty, subsidy contract or other
28 agreement.
29 8202. Filing of statements of noncompletion of sale with
30 department.
19950S0689B2340 - 234 -
1 8203. Fees for filing.
2 8204. Certificate of approval of transcript.
3 8205. Certificate of disapproval and correction of
4 proceedings.
5 8206. Effect of failure of timely action by department.
6 8207. Records of department.
7 8208. Invalidity of instruments which are delivered without
8 compliance with requirements or conditions precedent
9 to issuance or delivery.
10 8209. Finality of proceedings as to validity of
11 instruments.
12 8210. Power of department to define terms, issue rules and
13 regulations and prescribe forms.
14 8211. Petitions for declaratory orders and complaints to
15 department.
16 § 8201. Certification to department of bond or note transcript
17 or lease, guaranty, subsidy contract or other
18 agreement.
19 (a) General rule.--The governing body of each local
20 government unit shall, before any bonds or notes, except tax
21 anticipation notes issued pursuant to section 8121 (relating to
22 power to issue tax anticipation notes) and notes representing
23 small borrowings issued pursuant to section 8109 (relating to
24 small borrowing for capital purposes), are actually delivered to
25 the initial purchasers, or before becoming bound on any lease,
26 guaranty, subsidy contract or other agreement, evidencing lease
27 rental debt cause to be certified to the department, under the
28 signature of the clerk or secretary of the governing body and
29 its corporate seal, a complete and accurate copy of the
30 proceedings for the incurring of debt, as provided in section
19950S0689B2340 - 235 -
1 8111 (relating to submission to department).
2 (b) Other requirements unaffected.--The provisions of this
3 section do not eliminate the filing requirements of sections
4 8024 (relating to exclusion of subsidized debt from net
5 nonelectoral or net lease rental debt), 8025 (relating to
6 exclusion of self-liquidating debt evidenced by revenue bonds or
7 notes to determine nonelectoral debt), 8026 (relating to
8 exclusion of other self-liquidating debt to determine net
9 nonelectoral debt or net lease rental debt), 8126 (relating to
10 certification as to taxes and revenues to be collected) and 8128
11 (relating to condition precedent to validity of tax anticipation
12 notes).
13 § 8202. Filing of statements of noncompletion of sale with
14 department.
15 If settlement for an issue of bonds or notes or bonds or
16 notes representing lease rental debt, which have received a
17 required approval by the department, fails of completion, in
18 whole, or in part, the local government unit shall file with the
19 department a notification of noncompletion of sale, stating what
20 part of the issue has been delivered.
21 § 8203. Fees for filing.
22 Every filing with the department shall be accompanied by a
23 filing fee as determined in section 605-A of the act of April 9,
24 1929 (P.L.177, No.175), known as The Administrative Code of
25 1929. No submission shall constitute a filing until the proper
26 fee is paid. All fees received under this section shall be paid
27 by the department into the State Treasury through the Department
28 of Revenue.
29 § 8204. Certificate of approval of transcript.
30 The department shall, upon receipt of any bond or note
19950S0689B2340 - 236 -
1 transcripts or other filings, carefully examine them to
2 determine whether the debt outstanding and to be outstanding is
3 within the applicable limitations imposed by this subpart and
4 whether the proceedings for incurring the debt, for issuing and
5 selling the bonds or notes and for excluding self-liquidating
6 and subsidized debt have been taken in conformity with the
7 Constitution of Pennsylvania and this subpart. If, upon
8 completion of its examination, a transcript or other filing is
9 found by the department to be in conformity with the
10 Constitution of Pennsylvania and this subpart, the department
11 shall certify its approval to the local government unit, if
12 required under other provisions of this subpart.
13 § 8205. Certificate of disapproval and correction of
14 proceedings.
15 If the department, upon completion of its examination, finds
16 it cannot issue a certificate of approval, it shall notify the
17 local government unit of the reasons why it cannot do so. If the
18 proceedings or any prior filings are subject to correction for
19 demonstrated typographical or computational error, or otherwise,
20 or for failure to include a necessary document or certification
21 and the correction is approved by the department, the error
22 shall be corrected in all places or the additional document or
23 certification shall be furnished to the department within ten
24 days and upon any other terms the department specifies.
25 Thereupon the department shall certify its approval. If the
26 deficiency is not subject to correction, the department shall
27 certify its disapproval to the local government unit.
28 § 8206. Effect of failure of timely action by department.
29 If the local government unit has submitted a filing to the
30 department by certified mail, return receipt requested, or
19950S0689B2340 - 237 -
1 otherwise has an official receipt from the department, and the
2 local government unit has not, within 20 days of the date of
3 receipt of the filing by the department, received the
4 certificate of approval or disapproval or notification of
5 correctable error, the filing shall be deemed to have been
6 approved for all purposes, unless the local government unit has
7 extended the time within which the department may act by written
8 communication to the department or by failure to object to a
9 written communication from the department requesting the
10 extension. Extensions shall not exceed one additional period of
11 20 days.
12 § 8207. Records of department.
13 (a) Retention period.--The department shall keep all
14 proceedings on file for a period of not less than four months
15 after issuance of its certificate of approval or disapproval and
16 thereafter as long as any appeal respecting the proceedings is
17 pending and not finally determined.
18 (b) Content.--The department shall keep a public record with
19 respect to each local government unit showing:
20 (1) The name of the local government unit.
21 (2) The purpose of each series issued or lease executed.
22 (3) Whether the series represents nonelectoral, lease
23 rental or electoral debt, and the extent to which the debt is
24 subsidized or self-liquidating, and, if subsidized or self-
25 liquidating in part, the principal amount thereby eliminated
26 from nonelectoral debt.
27 (4) The schedule of stated maturity dates, interest
28 rates and mandatory sinking fund payments for each
29 outstanding issue of bonds or notes or the schedule of lease
30 rentals.
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1 (5) The dates and designations of each issue of bonds or
2 notes, lease or other document to be executed with the
3 approval number assigned to the issue, lease or other
4 document approved.
5 (6) The local government unit's most recently certified
6 borrowing base and regular debt limits computed therefrom.
7 (7) The date and manner of authorization of any use of
8 any additional debt limit.
9 (c) Records open for inspection.--The records of the
10 department shall be public records, available for examination by
11 any citizen of this Commonwealth or any bondholders or
12 noteholders.
13 § 8208. Invalidity of instruments which are delivered without
14 compliance with requirements or conditions precedent
15 to issuance or delivery.
16 (a) General rule.--In all cases in which the approval of the
17 department is required by this subpart prior to the issuance of
18 bonds or notes or the execution of a lease, guaranty, subsidy
19 contract or other agreement evidencing lease rental debt, in the
20 case of small borrowings evidenced by notes in respect of which
21 compliance with the conditions of section 8109 (relating to
22 small borrowing for capital purposes) is required, and in the
23 case of tax anticipation notes in respect of which compliance
24 with the conditions of sections 8126 (relating to certification
25 as to taxes and revenues to be collected), 8127 (relating to
26 sale of tax anticipation notes) and 8128 (relating to condition
27 precedent to validity of tax anticipation notes) is required, if
28 the bonds or notes or the lease or other instrument is sold, or
29 executed, and delivered prior to receipt of actual or deemed
30 approval under section 8204 (relating to certificate of approval
19950S0689B2340 - 239 -
1 of transcript) or 8206 (relating to effect of failure of timely
2 action by department), or as the case may be, without compliance
3 with applicable conditions of issuance, or prior to a required
4 filing with the department, the bonds, notes, lease or other
5 instrument shall be invalid and of no effect in the hands of or
6 for the security of the holder of the bonds or notes or of the
7 obligations secured by the lease or other instrument, except to
8 the extent provided in this section.
9 (b) Bona fide purchasers.--If the bonds or notes or the
10 obligations secured by the lease or other instrument are held by
11 a bona fide purchaser, other than an initial purchaser or member
12 of an underwriting or selling group, for value without actual
13 notice of a lack of such prior approval, filing or compliance as
14 the case may be, and such bonds, notes or other obligations
15 contain a recital that such prior approval, filing or compliance
16 was received, made or observed, then the bonds, notes, lease or
17 other instrument shall be valid and enforceable in accordance
18 with their terms, and any applicable debt limits shall be deemed
19 increased to the extent necessary to validate and keep valid the
20 bonds, notes, lease or other instrument, but not for the purpose
21 of reducing the liability of any person under this section.
22 (c) Recovery of interest, principal and other amounts.--The
23 local government unit may recover all interest and principal or
24 other amounts payable thereon from the initial purchasers and
25 the individuals, including the officers of the local government
26 unit, responsible for making the unapproved or unauthorized
27 delivery. Notwithstanding the invalidity of the instruments as
28 to them, the initial purchasers and such individuals shall be
29 entitled to credit, in any action determining the invalidity or
30 for the recovery provided by this subsection for the amount of
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1 the following:
2 (1) Any proceeds of the sale of the instruments still
3 held unexpended by the local government unit.
4 (2) The lesser of the following:
5 (i) The cost or fair market value, whichever is the
6 lesser, of any capital project or part thereof or
7 interest therein acquired by the local government unit by
8 an expenditure of a portion or all of the proceeds of the
9 bonds, notes or other obligations.
10 (ii) The remaining nonelectoral borrowing capacity
11 of the local government unit.
12 § 8209. Finality of proceedings as to validity of instruments.
13 (a) General rule.--Where a certificate of approval has been
14 issued by the department or has been deemed issued under section
15 8206 (relating to effect of failure of timely action by
16 department) or, in the case of tax anticipation notes, where the
17 filing with the department required by section 8128 (relating to
18 condition precedent to validity of tax anticipation notes) has
19 occurred and no petition for a declaratory order or complaint
20 has been filed within the applicable time limits specified in
21 section 8211 (relating to petitions for declaratory orders and
22 complaints to the department) or, when after a petition for a
23 declaratory order or complaint has been filed, the proceedings
24 have been approved finally by the department and no appeal to
25 court has been taken, or if an appeal to court has been taken
26 and the proceedings have been approved finally by the court or
27 the appeal has been dismissed, the validity of the proceedings,
28 the right of the local government unit lawfully to issue its
29 bonds or notes or to enter into a lease, guaranty, subsidy
30 contract or other agreement evidencing lease rental debt
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1 pursuant to those proceedings, and the validity and due
2 enforceability of the bonds, notes or other instruments in
3 accordance with their terms shall not thereafter be inquired
4 into judicially, in equity, at law or by civil or criminal
5 proceedings, or otherwise, either directly or collaterally. The
6 effect of the approval by the department or by the court on
7 appeal or, in the case of tax anticipation notes, the effect of
8 filing in compliance with section 8128 shall be to ratify,
9 validate and confirm the proceedings absolutely, including the
10 lawful nature of the project and, in the case of tax
11 anticipation notes, the accuracy of the estimates contained in
12 the certificate as to taxes and revenues to be collected,
13 notwithstanding any defect or error in the proceedings, except
14 as specifically provided otherwise in this section, and any debt
15 limit imposed by this subpart shall be deemed increased to the
16 extent necessary to validate the debt or obligation. This
17 section does not relieve an initial purchaser of bonds or notes
18 from liability to a local government unit for the payment of the
19 consideration agreed in the contract of sale or make the bonds
20 or notes valid and enforceable in the hands of an initial
21 purchaser unless the issuer has received a substantial
22 consideration for the series as a whole.
23 (b) Liability for willful violations or fraud.--This section
24 does not relieve any person participating in the proceedings
25 from liability for knowingly participating in an ultra vires act
26 of a local government unit or from any civil or criminal
27 liability for false statements in any certificates filed or
28 delivered in the proceedings.
29 § 8210. Power of department to define terms, issue rules and
30 regulations and prescribe forms.
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1 Subject to the definitions in section 8002 (relating to
2 definitions), the department may define terms and prescribe
3 other rules and regulations regarding, and prescribe forms for,
4 reports and filings to be submitted to the department pursuant
5 to this subpart.
6 § 8211. Petitions for declaratory orders and complaints to
7 department.
8 (a) General rule.--If proceedings for the incurring of debt
9 represented by bonds or notes or by a lease, guaranty, subsidy
10 contract or other agreement evidencing the acquisition of a
11 capital asset, for the issuance of tax anticipation notes or for
12 the exclusion of debt as self-liquidating or subsidized, have
13 been taken by a local government unit, the local government
14 unit, or any taxpayer of the local government unit or other
15 interested party, may file with the department a petition for a
16 declaratory order asserting the validity or a complaint
17 asserting the invalidity of the proceedings, or any part
18 thereof.
19 (b) Time for filing.--A complaint asserting the invalidity
20 of the proceedings or part thereof taken under section 8109
21 (relating to small borrowing for capital purposes) may be filed
22 not later than one year after final adoption of the resolution
23 authorizing the debt. Any such complaint asserting the
24 invalidity of the proceedings or part thereof excluding debt as
25 self-liquidating under section 8025 (relating to exclusion of
26 self-liquidating debt evidenced by revenue bonds or notes to
27 determine net nonelectoral debt) or authorizing tax anticipation
28 notes under Subchapter B of Chapter 81 (relating to tax
29 anticipation notes and funding debt) may be filed at any time
30 not later than 15 days after the filing with the department of
19950S0689B2340 - 243 -
1 the documents required by section 8025 or of the proceedings
2 pursuant to section 8126 (relating to certification as to taxes
3 and revenues to be collected), as the case may be. A complaint
4 asserting the invalidity of any such proceedings or part thereof
5 in cases in which, under this subpart, the approval or deemed
6 approval of the department is required, may be filed with the
7 department not later than the later of:
8 (1) fifteen days after the date of the submission of the
9 proceedings by the local government unit to the department
10 for approval even though the proceeding may be subject to
11 correction as provided in section 8205 (relating to
12 certificate of disapproval and correction of proceedings), or
13 otherwise; or
14 (2) five days after the date of the last submission of
15 any corrected document or certification to the department.
16 (c) Departmental approval pending proceeding.--If a petition
17 for a declaratory order or complaint is filed in respect of
18 proceedings requiring the approval of the department after the
19 submission of the proceedings to the department but prior to
20 approval, disapproval or deemed approval, the department shall
21 not be deemed to have approved the proceedings during the
22 pendency of the matter before the department.
23 (d) Jurisdiction and authority of department.--The
24 department has exclusive jurisdiction to hear and determine all
25 procedural and substantive matters arising from the proceedings
26 of a local government unit taken under this subpart, including
27 the regularity of the proceedings, the validity of the bonds,
28 notes, tax anticipation notes or other obligations of the local
29 government unit and the legality of the purpose for which the
30 obligations are to be issued. If a local government unit files a
19950S0689B2340 - 244 -
1 petition for a declaratory order with the department relating to
2 proceedings, the department may require service by publication
3 on taxpayers as the circumstances warrant. In all other respects
4 the proceedings before the department shall be governed by
5 regulations of the department. The department may, after
6 appropriate proceedings in accordance with its regulations,
7 approve or disapprove the proceedings of the local government
8 unit or to direct correction as provided in section 8205. A
9 determination by the department under this subpart shall, except
10 as provided in this subsection, be conclusive and binding as to
11 all procedural and substantive matters which were or could have
12 been presented to the department hereunder. All determinations
13 by the department under this subpart are reviewable as provided
14 in 2 Pa.C.S. Ch. 7 (relating to judicial review).
15 SUBCHAPTER B
16 SINKING FUNDS AND OTHER FUNDS AND ACCOUNTS
17 Sec.
18 8221. Creation of sinking funds and deposits, reserves and
19 surplus funds.
20 8222. Assessment fund.
21 8223. Duty of treasurer.
22 8224. Deposit and investment of moneys in sinking funds and
23 other funds.
24 8225. Management of sinking and other funds.
25 8226. Inspection of sinking funds and orders to comply.
26 8227. Sinking fund not required for small borrowings.
27 § 8221. Creation of sinking funds and deposits, reserves and
28 surplus funds.
29 (a) General rule.--Every local government unit having
30 outstanding any bonds or notes, other than tax anticipation
19950S0689B2340 - 245 -
1 notes and other than notes issued under section 8109 (relating
2 to small borrowing for capital purposes), shall create
3 forthwith, subject to the terms of any existing contracts with
4 the holders of such bonds or notes, and every local government
5 unit issuing any bonds or notes shall create simultaneously with
6 or prior to the delivery of the bonds or notes, and thereafter
7 maintain until the bonds or notes are paid in full, a sinking
8 fund:
9 (1) for the aggregate or for one or more issues or
10 series of its general obligation bonds and notes; and
11 (2) separately for each project or combination of
12 projects financed by revenue or guaranteed revenue bonds or
13 notes as to which different revenues are pledged.
14 If a sinking fund is established for more than one issue of
15 bonds, a separate debt service account for each issue may be
16 established in the sinking fund. The sinking fund shall be
17 maintained with a bank, trust company or bank and trust company
18 located and lawfully conducting a banking or trust business in
19 this Commonwealth and appointed from time to time as a sinking
20 fund depository.
21 (b) Deposit of moneys.--Moneys for the payment of taxes
22 assumed and principal and interest on outstanding bonds or notes
23 shall be deposited in the applicable sinking fund or sinking
24 fund account from the sources, at the times and in the amounts
25 provided in any contract with the holders of the bonds and notes
26 but, in any event, prior to the time when payment of the taxes,
27 principal and interest become due and payable. All moneys
28 deposited in sinking funds as required by this subpart and all
29 investments and proceeds of investments thereof shall, without
30 further action or filing, be subject to a perfected security
19950S0689B2340 - 246 -
1 interest for the holders of the bonds or notes for which the
2 sinking fund is held until the money or investments have been
3 properly disbursed or sold.
4 (c) Revenues from use of capital project.--A local
5 government unit pledging the rates, rentals, receipts, charges
6 and tolls from the use of a capital project, for the security of
7 revenue or guaranteed revenue bonds or notes, may by ordinance
8 provide for the deposit thereof as and when received in the
9 sinking fund for the project.
10 (d) Other funds and accounts.--A local government unit may
11 provide by ordinance for the creation and maintenance of other
12 accounts in the sinking fund or of other funds for revenue or
13 guaranteed revenue bonds or notes, including operating accounts
14 or funds for financed projects, reserve accounts or funds for
15 various purposes, a bond or note redemption account or fund and
16 a surplus account or fund, and may prescribe the purposes for
17 which the moneys and investments in each account or fund may be
18 withdrawn and the amounts, times and sources of deposits
19 therein. No ordinance shall restrict the application of the
20 rates, receipts, charges and tolls received in respect of a
21 capital project or combined capital projects, exclusive of
22 assessments and contributions for capital improvements, in any
23 fiscal year in excess of the amount required during the year for
24 operating expenses, plus 140% or such lesser percent as may be
25 fixed by ordinance of the amount required to be deposited during
26 the year from the revenues in the applicable sinking fund for
27 the payment, at maturity or scheduled mandatory redemption, of
28 the principal of and interest on the related bonds or notes.
29 This excess shall at all times be available for use by the local
30 government unit for any lawful purpose and no contract with the
19950S0689B2340 - 247 -
1 holders of bonds or notes shall provide to the contrary.
2 § 8222. Assessment fund.
3 If a local government unit issues bonds or notes as general
4 obligation bonds or guaranteed revenue bonds to provide funds
5 for and towards the cost of making permanent street, sidewalk,
6 water or sewer improvements or other assessable improvements,
7 and the cost is assessed against the properties benefited, the
8 assessments as collected shall be paid into a separate
9 assessment fund. Moneys to the credit of the assessment fund may
10 be used for any one or more of the following purposes in any
11 proportions and subject to any priorities set forth in the
12 ordinance incurring the debt:
13 (1) Payments to the sinking fund.
14 (2) Payment of the cost of such improvements.
15 (3) Creation and maintenance of a revolving fund if
16 permitted by the laws governing the local government unit.
17 (4) Payment to the general fund or any other fund of the
18 local government unit.
19 The fund may be continued as a revolving fund, if permitted by
20 law, or discontinued at any time. Unless otherwise provided in
21 the ordinance incurring the debt, upon discontinuance of the
22 fund the proceeds of the assessments shall be used to pay any
23 bonds or notes remaining outstanding and to reimburse the
24 general fund of the local government unit for the moneys paid on
25 account of the bonds or notes.
26 § 8223. Duty of treasurer.
27 The treasurer of each local government unit shall deposit
28 into the applicable sinking fund or other fund the moneys to be
29 deposited therein pursuant to the pledge or covenant made or
30 adopted by the local government unit at the times and in the
19950S0689B2340 - 248 -
1 amounts provided in the pledge or covenant or, if no pledge or
2 covenant has been made or adopted, as provided in the
3 appropriations made by the governing body. If no appropriation
4 of moneys has been made or if it appears that, as a result of
5 other expenditures, the appropriated revenues will not be
6 received in sufficient amounts in time to make either the
7 deposits required to be made for the payment of the taxes
8 assumed and the interest on and principal of general obligation
9 bonds and notes or the amount due on a guaranty of guaranteed
10 revenue bonds or notes or on a guaranty of any authority or
11 other local government unit obligation, the treasurer shall pay
12 into the applicable sinking fund or other fund that portion of
13 each receipt of tax moneys and other available revenues,
14 subject, in the case of a limited guaranty, to the terms
15 thereof, as will result in the deposit of sufficient moneys in
16 the sinking fund or other fund to pay the taxes assumed and the
17 principal of the interest on the bonds or notes or to meet the
18 guaranty obligation of the local government unit as and when
19 they become due and payable. The governing body of a local
20 government unit may issue its tax anticipation notes under
21 Subchapter B of Chapter 81 (relating to tax anticipation notes
22 and funding debt) to provide all or any part of any moneys
23 needed for deposit in the sinking funds or other funds.
24 § 8224. Deposit and investment of moneys in sinking funds and
25 other funds.
26 (a) Deposit with financial institutions.--Any moneys in
27 sinking funds and other funds established by ordinance as
28 provided in this subpart, if not required for prompt
29 expenditure, may be deposited at interest in time accounts or
30 certificates of deposit of any bank or bank and trust company,
19950S0689B2340 - 249 -
1 accounts with any savings bank or deposits in building and loan
2 associations or savings and loan associations. Moneys required
3 for prompt expenditure shall be held in demand deposits. To the
4 extent that the deposits or accounts are insured by the Federal
5 Deposit Insurance Corporation or the Federal Savings and Loan
6 Insurance Corporation, they need not be secured; otherwise, the
7 deposits shall be secured as public deposits whether or not
8 title, by virtue of the deposit with a fiscal agent or trustee
9 for bondholders, is in the fiscal agent or trustee, except that
10 moneys held by the fiscal agent, trustee or sinking fund
11 depository itself may be secured as trust funds.
12 (b) Investment in securities.--Any moneys in funds or
13 accounts not required for prompt expenditure and not deposited
14 at interest shall, to the extent practicable and reasonable, be
15 invested in any securities in which the Commonwealth may, at the
16 time of investment, invest moneys of the Commonwealth not
17 required for prompt expenditure, subject to any stricter
18 requirements in any contract with the holders of bonds or notes
19 for which the particular fund or account was created or
20 maintained.
21 (c) Control of account.--All such deposits and investments
22 shall be in the name of the local government unit, but moneys
23 and investments in the sinking fund shall be subject to
24 withdrawal or collection only by the sinking fund depository for
25 proper purposes in accordance with this subpart.
26 (d) Disposition of income.--Income received from any deposit
27 or investment shall be a part of the fund or account invested
28 and may be applied if so desired by the local government unit in
29 reduction of or to complete any required deposits in the fund or
30 account.
19950S0689B2340 - 250 -
1 (e) Combining accounts.--For the purposes of investment or
2 deposit at interest, all accounts in a sinking fund or other
3 accounts or funds established in respect of one or more series
4 of bonds or notes having the same depository may be combined,
5 and each combined account shall be entitled to its pro rata
6 share of each deposit or investment.
7 (f) Return of unclaimed moneys.--The sinking fund depository
8 shall return to the local government unit all moneys deposited
9 in a sinking fund for the payment of bonds, notes or coupons
10 which have not been claimed by the holders thereof after two
11 years from the date when payment is due, except where the funds
12 are held for the payment of outstanding checks, drafts or other
13 instruments of the sinking fund depository. This subsection or
14 any action taken under this subsection does not relieve the
15 local government unit of its liability to the holders of
16 unpresented bonds, notes or coupons.
17 (g) Sale of investments.--Any investments of a sinking fund,
18 including bonds of the local government unit held therein, may
19 be sold at any time by the sinking fund depository if cash is
20 required for expenditure, or as directed by the managers of the
21 sinking fund, through any broker or dealer in securities, any
22 other law concerning dispositions of assets of a local
23 government unit to the contrary notwithstanding.
24 § 8225. Management of sinking and other funds.
25 The management and control of sinking and other funds, and
26 investments thereof, subject to the provisions of this subpart
27 shall be vested in the governing body of the local government
28 unit except:
29 (1) Where by any other law there has been created any
30 board or commission for the management and control of sinking
19950S0689B2340 - 251 -
1 funds of a particular class of local government units, in
2 which case the board or commission shall have the management
3 and control of the sinking funds of the local government
4 units.
5 (2) To the extent otherwise lawfully provided in any
6 contract with the holders of bonds or notes.
7 § 8226. Inspection of sinking funds and orders to comply.
8 (a) General rule.--The department may from time to time
9 audit the sinking funds and all records pertaining thereto of
10 local government units which have any outstanding debt, except
11 those annually submitting to the department reports of their
12 sinking funds audited by an independent public accountant and
13 except for school districts of the first class or cities of the
14 second class and second class A.
15 (b) Order to comply.--If such audit or reports disclose that
16 any local government unit has refused or neglected to establish
17 sinking funds as required by this subpart, or has failed to
18 provide sufficient moneys for any sinking fund to meet the
19 payments of assumed taxes, principal and interest to be made
20 therefrom, is not investing a sufficient amount of the sinking
21 fund moneys or is otherwise in violation of this subchapter, the
22 department shall make an order requiring the local government
23 unit or any officer thereof or the governing body to take any
24 steps as, in the opinion of the department, will cause the
25 sinking funds to comply with this subchapter or to be
26 sufficient.
27 (c) Mandamus to compel compliance with order.--In addition
28 to the criminal prosecutions provided for in Subchapter E
29 (relating to penalties) or, in lieu thereof, the department may
30 apply to the court for an order in mandamus to issue to the
19950S0689B2340 - 252 -
1 officer or governing body of the local government unit to compel
2 compliance with the order of the department or with the order
3 with any modifications thereof as to the court may seem just and
4 proper.
5 § 8227. Sinking fund not required for small borrowings.
6 A local government unit may, but shall not be required to,
7 comply with the provisions of this subchapter in respect of
8 notes issued in compliance with section 8109 (relating to small
9 borrowing for capital purposes).
10 SUBCHAPTER C
11 REFUNDING OF DEBT
12 Sec.
13 8241. Power to refund.
14 8242. Treatment of costs upon refunding.
15 8243. Limitation on extending term of debt by refunding.
16 8244. Effect of debt limits on refunding nonelectoral bonds
17 or notes or lease rental debt.
18 8245. Refunding of electoral debt.
19 8246. Procedure for authorization, sale, issue and approval
20 of refunding bonds or notes.
21 8247. Special limitation on refunding of funding debt.
22 8248. Approval of refunding by the electors.
23 8249. Refunding with bonds of another type.
24 8250. Use of proceeds of refunding bonds and when refunded
25 bonds are no longer deemed outstanding.
26 8251. Cessation of interest on called bonds or notes.
27 § 8241. Power to refund.
28 (a) General rule.--Subject to the provisions of the
29 outstanding bonds, notes or obligations evidencing lease rental
30 debt and subject to the provisions of this subchapter, a local
19950S0689B2340 - 253 -
1 government unit may refund any outstanding debt, in whole or in
2 part, at any time and may refund any outstanding notes with
3 bonds or bonds with notes.
4 (b) Authorized purposes.--The refunding may be for any one
5 or more of the following purposes:
6 (1) Reducing total debt service over the life of the
7 series.
8 (2) Reducing the annual debt service in any particular
9 year or years, by extending the life of the issue subject to
10 the limitations imposed by section 8247 (relating to special
11 limitation on refunding of funding debt).
12 (3) Eliminating any covenant or restriction in, or
13 applicable to, any outstanding series or issue of bonds or
14 notes determined by the local government unit to be unduly
15 burdensome or restrictive.
16 (4) Refunding any maturity or maturities or any portions
17 thereof to a later date subject to the limitations imposed by
18 section 8247.
19 (5) Substituting bonds for notes or bond anticipation
20 notes or substituting notes for bonds.
21 (6) Adjusting lease rentals upon refunding of lease
22 rental debt for any one or more of the foregoing purposes.
23 It is immaterial whether or not any such refunding under
24 paragraph (2), (3), (4) or (5) increases the total debt service
25 payable over the life of the series.
26 (c) Definition.--As used in this section, the term "refund"
27 and its variations shall mean the issuance and sale of
28 obligations the proceeds of which are used or are to be used for
29 the payment or redemption of outstanding obligations upon or
30 prior to maturity.
19950S0689B2340 - 254 -
1 § 8242. Treatment of costs upon refunding.
2 (a) General rule.--In any refunding, a principal amount of
3 refunding bonds or notes or obligations evidencing lease rental
4 debt equal to the sum of the following:
5 (1) the call premium payable on the bonds, notes or
6 obligations being refunded;
7 (2) the discount allowed on the sale of the refunding
8 bonds, notes or obligations;
9 (3) any funds borrowed to pay interest on bonds, notes
10 or obligations being refunded; and
11 (4) the costs of issue and sale of the refunding bonds,
12 notes or obligations;
13 may be considered as interest on the refunding bonds, notes or
14 obligations and may be separately stated in all reporting of
15 debt and in all computation of debt limits and, if so considered
16 and reported by the local government unit, shall not be
17 considered as electoral, nonelectoral or lease rental debt. In
18 subsequent debt statements, any such separately stated principal
19 amount of bonds, notes or obligations shall be reported as being
20 amortized in the same proportion as the series of which they are
21 a part.
22 (b) Comparison of debt service.--For the purpose of
23 computing whether savings are being effected, the comparison of
24 debt service which would be payable on the refunded bonds, notes
25 or obligations shall be with debt service on the refunding
26 bonds, notes or obligations without reference to the designation
27 of the costs in subsection (a)(1) through (4), adjusted in each
28 case by projected receipt of interest on invested funds of
29 excess revenues or application of reserves to make the
30 comparison reasonable and proper.
19950S0689B2340 - 255 -
1 § 8243. Limitation on extending term of debt by refunding.
2 (a) General rule.--Subject to the terms of section 8247
3 (relating to special limitation on refunding of funding debt)
4 and to the terms of subsection (b), a local government unit
5 shall not extend the term of outstanding debt through refunding
6 to a maturity date that could not have been included in the
7 original issue, except in the case of an emergency refunding of
8 stated maturity date to avoid a default occasioned by an
9 unforeseen shortage in total revenues proven to the satisfaction
10 of the department upon petition, filed by the governing body of
11 the local government unit, alleging the emergency and the
12 unforeseen loss of revenues. Public notice of the intention to
13 file a petition shall be given by advertisement not less than
14 five nor more than 20 days before the filing thereof. The
15 emergency refunding shall be made only in the amount and with
16 the stated maturity date or dates approved by the department.
17 The first maturity of a refunding issue need not occur until the
18 year after the last stated maturity date of the bonds not called
19 in the series being refunded.
20 (b) Increasing amount of principal payable.--Except in the
21 case of refundings for the purposes specified in section
22 8241(b)(1) and (5) (relating to power to refund) and except for
23 emergency refundings approved by the department, no refunding
24 bonds shall be issued which will increase the amount of
25 principal payable, after provision for earlier mandatory calls,
26 in any year or years after the latest stated maturity date of
27 the bonds being refunded, over the amount of the principal which
28 would have been payable on the bonds or notes originally issued
29 for the project in each such year if the original bonds or notes
30 had been structured on a 6% level annual debt service plan to
19950S0689B2340 - 256 -
1 the last stated maturity date of the proposed refunding bonds,
2 computed to the nearest whole multiple of $5,000, as the amounts
3 shall be computed by a financial advisor, other qualified person
4 or public accountant.
5 § 8244. Effect of debt limits on refunding nonelectoral bonds
6 or notes or lease rental debt.
7 If any debt originally incurred was lawfully incurred and
8 issued and, at the time the debt was incurred, the portion
9 constituting nonelectoral debt or lease rental debt was within
10 the limitations imposed thereon by law, the issue of refunding
11 bonds or notes or the adjustment of lease rentals in respect of
12 the debt shall be lawful and valid, notwithstanding that the
13 aggregate of outstanding debt shall thereby exceed the then
14 applicable limitations set by section 8022 (relating to
15 limitations on incurring of other debt), which limitations shall
16 be deemed increased but only to the extent necessary to
17 effectuate and amortize the refunding lawfully. Any portion of
18 the refunding bonds, notes or obligations may be excluded from
19 nonelectoral debt or lease rental debt, either as subsidized
20 debt or self-liquidating debt, in accordance with the procedure
21 provided in Subchapter B of Chapter 80 (relating to limitations
22 on debt of local government units).
23 § 8245. Refunding of electoral debt.
24 A local government unit may, by action of its governing body
25 and in accordance with the limitations of this subchapter,
26 refund any debt originally incurred as electoral debt. The
27 refunding bonds, notes or obligations so issued shall not
28 thereby be considered nonelectoral debt or lease rental debt for
29 any purpose.
30 § 8246. Procedure for authorization, sale, issue and approval
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1 of refunding bonds or notes.
2 Bonds or notes issued for refunding purposes shall be
3 authorized, issued, sold, approved and settled and refunding of
4 lease rental debt shall be authorized and approved in the manner
5 provided in this subpart for the authorization, issue, sale and
6 approval of the original debt, subject to any additional
7 limitations provided in this subchapter. No refunding bonds or
8 notes shall be delivered to the purchasers thereof unless,
9 simultaneously therewith, the notes or bonds being refunded
10 become no longer outstanding in accordance with section 8250
11 (relating to use of proceeds of refunding bonds and when
12 refunded bonds are no longer deemed outstanding). No adjustment
13 in lease rentals shall be made unless appropriate provision for
14 the retirement of the outstanding lease rental debt has been
15 made.
16 § 8247. Special limitation on refunding of funding debt.
17 A debt incurred for funding purposes pursuant to section 8130
18 (relating to approval by court to fund unfunded debt) or under
19 law in existence prior to July 12, 1972, shall not be refunded
20 except under section 8241(b)(1) (relating to power to refund)
21 until the refunding has been approved as necessary by the court
22 of common pleas. The approval shall be obtained by petition to
23 reopen the proceedings in which the funding debt was originally
24 incurred, and the court shall grant the petition if, after
25 hearing, the court is satisfied that the refunding is necessary
26 and is in the public interest. Public notice of the filing of
27 the petition shall be given by advertisement not less than five
28 nor more than 20 days before the filing thereof. All subsequent
29 proceedings in respect of the refunding of the funding debt
30 shall be taken in accordance with the provisions of this subpart
19950S0689B2340 - 258 -
1 applicable to the incurring of the original debt. Bonds or notes
2 issued to refund funding debt shall be stated to mature at the
3 dates and in the amounts on each date as may be approved by the
4 court, notwithstanding any limitation on the term of funding
5 debt imposed elsewhere in this subpart.
6 § 8248. Approval of refunding by the electors.
7 The governing body of any local government unit may also
8 obtain the approval of the electors to any refunding of
9 nonelectoral or lease rental debt in the manner prescribed for
10 an original issue by Subchapter C of Chapter 80 (relating to
11 procedure for securing approval of electors) and may issue
12 general obligation bonds or guaranteed revenue bonds or incur
13 other obligations in the refunding if approved by the electors
14 regardless of the class of bonds, notes or obligations
15 originally issued.
16 § 8249. Refunding with bonds of another type.
17 Subject to the limitations of section 8022 (relating to
18 limitations on incurring of other debt) or after a referendum
19 held pursuant to section 8248 (relating to approval of refunding
20 by the electors), the governing body of any local government
21 unit may for any purpose specified in section 8241 (relating to
22 power to refund) refund with its general obligation bonds or
23 notes or its guaranteed revenue bonds or notes all or any part
24 of any outstanding revenue bonds or notes or bonds, notes or
25 obligations of any authority or other local governmental unit
26 constituting lease rental debt of the local government unit or
27 may refund any outstanding revenue bonds or guaranteed revenue
28 bonds or notes with like bonds or notes. The local government
29 unit may also refund any general obligation or guaranteed
30 revenue bonds with its revenue bonds, by the incurring of lease
19950S0689B2340 - 259 -
1 rental debt or by guaranteeing the obligations of an authority.
2 § 8250. Use of proceeds of refunding bonds and when refunded
3 bonds are no longer deemed outstanding.
4 (a) General rule.--The proceeds of refunding bonds, together
5 with any other moneys made available for the purpose, shall be
6 used solely for the purpose of retiring the bonds being refunded
7 and for the purpose of paying the costs of the refunding.
8 (b) When obligations no longer deemed outstanding.--Any
9 bonds or notes to be redeemed or paid shall no longer be deemed
10 to be outstanding for the purpose of determining the net debt of
11 the local government unit or for the purposes of any indenture
12 limitations on repledging revenues when the local government
13 unit has irrevocably deposited with a bank or bank and trust
14 company in a sufficient amount:
15 (1) Moneys.
16 (2) Noncallable securities of the Federal Government or
17 of the Commonwealth maturing or payable at par at the option
18 of the holders at or prior to the dates needed for
19 disbursement.
20 (3) Time deposits or certificates of deposit, with a
21 firm rate of interest or stated minimum rate of interest,
22 issued by a bank or bank and trust company and insured or
23 adequately secured as required by section 8224 (relating to
24 deposit and investment of moneys in sinking funds and other
25 funds).
26 (4) Any combination of the foregoing.
27 (c) Deposits equal to principal and interest.--Subject to
28 any relevant contrary law or regulation, the amount deposited
29 may be equal to the principal and interest to become due on the
30 bonds or notes being refunded to the date on which the bonds or
19950S0689B2340 - 260 -
1 notes are stated to mature or any lesser amount computed in
2 accordance with the provisions of subsection (d).
3 (d) Test of sufficiency.--The deposited amount shall be
4 sufficient when it, together with the interest to be earned
5 thereon, will equal the principal, premium and interest to
6 become due on the bonds or notes being refunded to the earlier
7 of the date at which any bonds or notes are stated to mature, or
8 have been called for prior redemption, except that the local
9 government unit shall simultaneously have given the bank or bank
10 and trust company instructions and authority, stated to be
11 irrevocable, to publish any notices of redemption remaining to
12 be published.
13 (e) Irrevocable call for redemption.--When stated to be
14 irrevocable, the instructions and authority to call bonds or
15 notes for redemption shall become irrevocable upon the delivery
16 thereof, or upon the deposit of the moneys or securities in a
17 sufficient amount to effect the redemption, whichever occurs
18 later. Until the irrevocability has occurred, a call for
19 redemption may be revoked by notice given in the same manner as
20 the notice of redemption.
21 § 8251. Cessation of interest on called bonds or notes.
22 Upon the date fixed for redemption, if the irrevocable
23 deposit has been made and the required notice of the redemption
24 has been given, no further interest on the bonds or notes so
25 called for redemption shall accrue. This subchapter does not
26 relieve the issuing local government unit of its obligation to
27 see that the holders of the bonds or notes called for redemption
28 are paid in full on the date fixed for redemption. From and
29 after that date, if the irrevocable deposit was made at the
30 proper amount on that date, the holders of bonds or notes called
19950S0689B2340 - 261 -
1 for redemption shall have no rights against the local government
2 unit except to receive payment from the deposited funds or from
3 the local government unit to the extent of the moneys returned
4 to it pursuant to section 8224(f) (relating to deposit and
5 investment of moneys in sinking funds and other funds).
6 SUBCHAPTER D
7 REMEDIES
8 Sec.
9 8261. Failure to budget debt service.
10 8262. Failure to pay principal or interest.
11 8263. Trustee for bondholders.
12 8264. Receiver for revenue projects.
13 8265. Costs of suits or proceedings.
14 8266. Distribution of moneys realized for bondholders.
15 § 8261. Failure to budget debt service.
16 If a local government unit having outstanding any general
17 obligation bonds or notes or guaranteed revenue bonds or notes,
18 lease rental debt or guaranty of authority obligations fails or
19 refuses to make adequate provision in its budget for any fiscal
20 year for the sums payable in respect of the bonds or notes,
21 lease rental or guaranty in the year or fails to appropriate or
22 pay the moneys necessary in that year for the payment of the
23 amount of the lease rental or guaranty, as the case may be, of
24 the maturing principal of and the interest on the bonds or notes
25 or any of them, or any tax anticipation notes, or any sinking
26 fund obligation for the bonds or notes or tax anticipation
27 notes, or guaranty or the lease rental payment coming due in the
28 fiscal year of the budget or for which the appropriations or
29 payments should have been made, then at the suit of the holder
30 of any bond, note or tax anticipation note or coupon or
19950S0689B2340 - 262 -
1 guaranty, or the holder of any authority obligation secured by a
2 lease evidencing the acquisition of a capital asset or of any
3 taxpayer of the local government unit, the court of common pleas
4 shall, after a hearing held upon such notice to the local
5 government unit as the court may direct and upon a finding of
6 such failure or neglect, by order of mandamus require the
7 treasurer of the local government unit to pay into the sinking
8 fund for each series of bonds or notes then outstanding, or for
9 each guaranty or lease rental payment, the first tax moneys or
10 other available revenues or moneys thereafter received in the
11 fiscal year by the treasurer, equally and ratably for each
12 series for which provision has not been made in proportion to
13 debt service for the year on each series then outstanding, or
14 the amounts due upon guaranties or as payments with respect to
15 lease rental debt, as the case may be. Any priority on incoming
16 tax moneys accorded to a separate sinking fund for tax
17 anticipation notes under the authority of section 8125 (relating
18 to security for tax anticipation notes and sinking fund) shall
19 not be affected by this provision until the sum on deposit in
20 each sinking fund equals the moneys that should have been
21 budgeted or appropriated for each series.
22 § 8262. Failure to pay principal or interest.
23 (a) General rule.--If a local government unit fails or
24 neglects to pay the interest or principal on any of its general
25 obligation bonds or notes or tax anticipation notes as the same
26 becomes due and payable, whether at the stated maturity date or
27 upon an unrevoked call for prior redemption, or to perform its
28 payment obligations with respect to any lease rental debt or
29 guaranteed revenue bonds or notes, and the failure continues for
30 30 days, the holder thereof may, subject to priorities created
19950S0689B2340 - 263 -
1 under sections 8125 (relating to security for tax anticipation
2 notes and sinking fund), 8261 (relating to failure to budget
3 debt service) and 8263 (relating to trustee for bondholders) and
4 to any limitations upon individual rights of action properly
5 provided in the bond ordinance or any indenture, recover the
6 amount due in an action in the court of common pleas. The
7 judgment recovered shall have an appropriate priority upon the
8 moneys next coming into the treasury of the local government
9 unit and shall be a judgment upon which funding bonds may be
10 issued pursuant to Subchapter B of Chapter 81 (relating to tax
11 anticipation notes and funding debt).
12 (b) Revenue bonds and notes.--If a local government unit
13 fails or neglects to pay or cause to be paid the principal of or
14 the interest upon any revenue bond or note as the same shall
15 become due, whether at the stated maturity or upon call for
16 prior redemption, the holder thereof may, subject to priorities
17 created under sections 8125, 8262 (relating to failure to pay
18 principal or interest) and 8263 and to any limitations upon
19 individual rights of action properly provided in the bond
20 ordinance or any indenture, recover the amount due in an action
21 in the court of common pleas but the judgment shall be limited
22 to payment out of the assessments, revenues, rates, rents, tolls
23 and charges from the project which are pledged for the payment
24 of the bonds or notes.
25 § 8263. Trustee for bondholders.
26 (a) Appointment.--Notwithstanding any provision in the bonds
27 or notes or in any authorizing ordinance, if a local government
28 unit defaults in the payment of the principal of or the interest
29 on any series of bonds or notes after it becomes due, whether at
30 the stated maturity or upon call for prior redemption, and the
19950S0689B2340 - 264 -
1 default continues for 30 days, or if the local government unit
2 fails to comply with any provision of the bonds or notes, or in
3 any authorizing resolution or indenture of trust, the holders of
4 25% in aggregate principal amount of the bonds or notes of the
5 series then outstanding, by an instrument or instruments filed
6 in the office of the recorder of deeds in the county in which
7 the local government unit is located, signed and acknowledged as
8 a deed to be recorded, may appoint a trustee, who may be the
9 sinking fund depository, to represent the holders of all the
10 bonds or notes, and the representation shall be exclusive for
11 the purposes provided in this section.
12 (b) Powers and duties.--The trustee may and, upon written
13 request of the holders of 25% in principal amount of the bonds
14 or notes then outstanding and upon being furnished with
15 indemnity satisfactory to it, shall, in his or its own name take
16 one or more of the following actions, and the taking of such
17 action shall preclude similar action whether previously or
18 subsequently initiated by individual holders of bonds or notes:
19 (1) By mandamus or other proceeding at law or in equity,
20 enforce all rights of the holders of the bonds or notes,
21 including, in the case of revenue or guaranteed revenue
22 obligations, the right to require the local government unit
23 to:
24 (i) impose and collect rents, rates, tolls and
25 charges adequate to carry out any agreement or covenant
26 as to, or pledge of, the rents, rates, tolls or charges,
27 for the use of the project or projects financed by the
28 bonds or notes; or
29 (ii) carry out any other agreements with the holders
30 of the bonds or notes.
19950S0689B2340 - 265 -
1 (2) Bring suit on the bonds or notes without the
2 necessity for producing the bonds or notes, and with the same
3 effect as a suit by any holder.
4 (3) In the case of revenue or guaranteed revenue bonds
5 or notes, require the local government unit to account, as if
6 it were the trustee of an express trust for the holders of
7 the bonds or notes, for any pledged revenues received.
8 (4) In the case of general obligation bonds or notes,
9 petition the court to levy, after a hearing upon such notice
10 to the owners of assessable real estate as the court may
11 prescribe, the amount due before or after the exercise of any
12 right of acceleration on the bonds or notes, plus estimated
13 costs of collection as an assessment upon the properties
14 benefited by the improvement pursuant to the front-foot rule
15 if the project is an assessable improvement, otherwise upon
16 all taxable real estate and other property subject to ad
17 valorem taxation in the local government unit, in proportion
18 to the value thereof as assessed for tax purposes, and the
19 trustee may collect or cause the local government unit to
20 collect such assessments as by foreclosure of a mortgage or
21 security interest on the realty or other property if not paid
22 on demand.
23 (5) In the case of guaranteed revenue bonds or notes or
24 a guarantee of authority obligations or unpaid lease rentals
25 under leases evidencing the acquisition of capital assets, to
26 petition the court to levy, after hearing upon the notice to
27 the owners of assessable real estate and other property
28 subject to ad valorem taxation as the court may prescribe,
29 the amount due on the guaranty or under the lease plus
30 estimated costs of collection as an annual assessment for the
19950S0689B2340 - 266 -
1 current and future years upon all taxable real estate and
2 other properties subject to ad valorem taxation in the local
3 government unit in proportion to the value thereof as
4 assessed for tax purposes, and the trustee may collect or
5 cause the local government unit to collect the assessments as
6 by foreclosure of a mortgage or security interest on the
7 realty or other property if not paid on demand. The levy
8 shall bear interest, until paid, at a rate sufficient to
9 cover accruing interest on the bonds or notes.
10 (6) By suit in equity, enjoin any acts or things which
11 may be unlawful or in violation of the rights of the holders
12 of the bonds, notes, guaranty or authority obligations under
13 a lease evidencing the acquisition of capital assets.
14 (7) After 30 days' prior written notice to the local
15 government unit and subject to any limitations in the bond
16 ordinance or relevant indenture, declare the unpaid principal
17 of all the bonds or notes to be immediately due and payable
18 with interest at the rates stated in the bonds until final
19 payment. If all defaults are made good, the trustee may annul
20 the declaration and its consequences.
21 Any assessment levied pursuant to paragraphs (4) and (5) shall
22 have the same priority and preference as to other liens or
23 mortgages on the real estate or security interests in fixtures
24 thereon or other property as a lien for unpaid taxes.
25 (c) Installment payments.--The court of common pleas in
26 cases of extreme hardship may provide for the payment of sums
27 levied in five or fewer annual installments with interest at a
28 rate sufficient to cover the interest accruing on the bonds or
29 notes.
30 (d) Trustee or fiscal agent under original issue.--If a
19950S0689B2340 - 267 -
1 trustee or fiscal agent for the bondholders or noteholders was
2 appointed in connection with the original issue of the bonds or
3 notes and is willing to serve and exercise the powers conferred
4 upon a trustee appointed by this section, the trustee appointed
5 in the manner provided in this section shall have the powers set
6 forth unless the appointment under this section was executed by
7 or pursuant to the authority of the holders of a principal
8 amount of the bonds or notes sufficient to remove the originally
9 appointed trustee or fiscal agent.
10 § 8264. Receiver for revenue projects.
11 (a) Appointment.--A trustee for the holders of defaulted
12 bonds or notes, whether or not the series of bonds represented
13 by the trustee has been declared to be and has become
14 immediately due and payable, shall be entitled as of right to
15 the appointment, by the court of common pleas, of a receiver of
16 all or any part or parts of a project or the projects, the
17 rents, rates, revenues, tolls and charges of which are pledged
18 for the security of the bonds or notes of the series.
19 (b) Powers and duties.--Except as otherwise provided in this
20 section, the receiver may not sell, assign, mortgage or
21 otherwise dispose of, but may enter and take possession of, the
22 project or projects or part or parts thereof and, subject to the
23 equal or prior rights of the holders of any other series of
24 bonds or notes, shall take possession of all moneys and other
25 property derived from or applicable to the construction,
26 operation, maintenance, repair and reconstruction of the project
27 or projects or parts thereof. The receiver may thereafter
28 proceed with any construction or other work thereon which the
29 local government unit is under obligation to do. The receiver
30 may operate, maintain, repair and reconstruct the project or
19950S0689B2340 - 268 -
1 projects or parts thereof and collect and receive all rents,
2 rates, receipts, tolls, other charges and revenues arising
3 therefrom, subject to the equal or prior rights of the holders
4 of any other series of bonds or notes therein. As part of his
5 power to operate and maintain a project, the receiver may sell
6 or otherwise dispose of equipment which is no longer used or
7 usable by the project. The receiver shall perform the public
8 duties and carry out the lawful agreements and obligations of
9 the local government unit with respect to the project or
10 projects or parts thereof, all under the direction of the court,
11 but shall not perform any essential governmental functions.
12 § 8265. Costs of suits or proceedings.
13 In any suit, action or proceeding by or on behalf of the
14 holders of defaulted bonds or notes of a local government unit
15 brought under this subpart, the fees and expenses of a trustee
16 or receiver, including operating costs of a project and
17 reasonable counsel fees, shall constitute taxable costs, and all
18 costs and disbursements allowed by the court shall be deemed
19 additional principal due on the bonds or notes and shall be paid
20 in full from any recovery prior to any distribution to the
21 holders of the bonds or notes.
22 § 8266. Distribution of moneys realized for bondholders.
23 Moneys or funds collected for the holders of defaulted bonds
24 or notes entitled to share equally and ratably therein shall,
25 after the payment of costs and fees as provided in section 8265
26 (relating to costs of suits or proceedings), be applied by the
27 trustee or receiver, unless the terms of the bonds or notes
28 provide otherwise, as follows:
29 (1) Unless the principal of all of the bonds or notes
30 represented has become or has been declared due and payable:
19950S0689B2340 - 269 -
1 (i) To the payment to the persons entitled thereto
2 of all installments of interest then due in the order of
3 the stated maturity dates of the installments of the
4 interest and, if the amount available is not sufficient
5 to pay any installment in full, then to the payment
6 ratably, according to the amounts due on the installment,
7 to the persons entitled thereto, without any
8 discrimination or preference except as to any difference
9 in the respective rates of interest expressed in the
10 bonds or notes or coupons for interest.
11 (ii) To the payment to the persons entitled thereto
12 of the unpaid principal of any bonds or notes which has
13 become due, whether at stated maturity dates or by call
14 for redemption, in the order of their respective due
15 dates and, if the amount available is not sufficient to
16 pay in full all the bonds or notes due on any date, then
17 to the payment ratably, according to the amounts of
18 principal due on the dates, to the persons entitled
19 thereto without any discrimination or preference.
20 (2) If the principal of all of the bonds or notes
21 entitled to share equally in the moneys has become or has
22 been declared due and payable, to the payment of the
23 principal and interest then due and unpaid upon the bonds or
24 notes without preference or priority of principal over
25 interest or interest over principal, or of any installment of
26 interest over any other installment of interest, or of any
27 bond or note over any other bond or note, ratably according
28 to the amounts due respectively for principal and interest,
29 to the persons entitled thereto without any discrimination or
30 preference except as to any difference in the respective
19950S0689B2340 - 270 -
1 rates of interest specified in the bonds, notes and coupons.
2 (3) If more than one series is involved and the
3 principal of all bonds or notes of one or more series has
4 become or has been declared due and payable, and that if one
5 or more others has not, the funds available shall be
6 apportioned to each series according to the respective
7 amounts of principal of each series then outstanding less, as
8 to each series any amounts held earmarked for the series, and
9 distribution to the holders of the bonds, notes and coupons
10 of each series shall be made according to whichever of
11 paragraphs (1) and (2) may be applicable.
12 SUBCHAPTER E
13 PENALTIES
14 Sec.
15 8271. Failure to obey sinking fund directive of department.
16 § 8271. Failure to obey sinking fund directive of department.
17 Any officer or any member of the governing body of any local
18 government unit who refuses or neglects to obey any order of the
19 department made under Subchapter B (relating to sinking funds
20 and other funds and accounts) concerning sinking funds or who
21 refuses to furnish requested information required by the
22 department, or refuses agents of the department access to any
23 books, records or documents relating to sinking funds, commits a
24 misdemeanor of the third degree and shall, upon conviction, be
25 sentenced to pay a fine not more than $500 for each day of
26 violation.
27 Section 2. (a) The following acts and parts of acts are
28 repealed:
29 Act of May 29, 1956 (1955 P.L.1845, No.611), known as the
30 Regional Planning Law.
19950S0689B2340 - 271 -
1 Act of July 28, 1959 (P.L.579, No.188), entitled "An act to
2 authorize political subdivisions of this Commonwealth to
3 establish an emergency temporary location or locations for their
4 seats of government and to exercise governmental powers and
5 functions thereat."
6 Act of November 30, 1967 (P.L.658, No.305), known as the
7 Business Improvement District Act of 1967.
8 Act of January 18, 1968 (1967 P.L.961, No.428), known as the
9 Municipal Records Act.
10 Act of March 16, 1972 (P.L.108, No.39), known as the
11 Environmental Improvement Compact.
12 Act of April 13, 1972 (P.L.184, No.62), known as the Home
13 Rule Charter and Optional Plans Law.
14 Act of July 12, 1972 (P.L.762, No.180), referred to as the
15 Intergovernmental Cooperation Law.
16 Act of July 12, 1972 (P.L.781, No.185), known as the Local
17 Government Unit Debt Act.
18 Act of December 21, 1973 (P.L.425, No.148), referred to as
19 the Municipal Environmental Advisory Council Law.
20 Act of June 18, 1974 (P.L.359, No.120), referred to as the
21 Municipal Police Education and Training Law.
22 Act of December 13, 1974 (P.L.947, No.312), known as the
23 Municipal Reapportionment Act.
24 (b) The act of October 23, 1959 (P.L.1369, No.474), known as
25 the Emergency Interim Executive and Judicial Succession Act of
26 1959, is repealed as to political subdivisions.
27 Section 3. This act shall take effect in 60 days.
19950S0689B2340 - 272 -
1 SOURCE TABLE
2 PROPOSED GENERAL LOCAL GOVERNMENT CODE
3 PREPARED BY THE JOINT STATE GOVERNMENT COMMISSION
4 ----------------------------------------------------------------
5 Proposed GLGC P.L. Citation Section Purdon's Citation
6 ----------------------------------------------------------------
7 53 Pa.C.S. 901 1974-947-312 1 53 P.S. 11601
8 53 Pa.C.S. 902 1974-947-312 2 53 P.S. 11602
9 53 Pa.C.S. 903 1974-947-312 3 53 P.S. 11603
10 53 Pa.C.S. 904 1974-947-312 4 53 P.S. 11604
11 53 Pa.C.S. 905 1974-947-312 5 53 P.S. 11605
12 53 Pa.C.S. 906 1974-947-312 6 53 P.S. 11606
13 53 Pa.C.S. 907 1974-947-312 7 53 P.S. 11607
14 53 Pa.C.S. 908 1974-947-312 8 53 P.S. 11608
15 53 Pa.C.S. 1121 New None
16 53 Pa.C.S. 1122 1959-579-188 1 71 P.S. 777.1
17 53 Pa.C.S. 1123 1959-579-188 2 71 P.S. 777.2
18 53 Pa.C.S. 1124 1959-579-188 3 71 P.S. 777.3
19 53 Pa.C.S. 1131 1959-1369-474 1 71 P.S. 779.1
20 53 Pa.C.S. 1132 1959-1369-474 2 71 P.S. 779.2
21 53 Pa.C.S. 1133 1959-1369-474 3 71 P.S. 779.3
22 53 Pa.C.S. 1134 1959-1369-474 6 71 P.S. 779.6
23 53 Pa.C.S. 1135 1959-1369-474 7 71 P.S. 779.7
24 53 Pa.C.S. 1136 1959-1369-474 9 71 P.S. 779.9
25 53 Pa.C.S. 1137 1959-1369-474 10 71 P.S. 779.10
26 53 Pa.C.S. 1138 1959-1369-474 11 71 P.S. 779.11
27 53 Pa.C.S. 1381 1968(1967)-961-428 1 53 P.S. 9001
28 53 Pa.C.S. 1382 1968(1967)-961-428 2 53 P.S. 9002
29 53 Pa.C.S. 1383 1968(1967)-961-428 3 53 P.S. 9003
30 53 Pa.C.S. 1384 1968(1967)-961-428 4 53 P.S. 9004
31 53 Pa.C.S. 1385 1968(1967)-961-428 5 53 P.S. 9005
32 53 Pa.C.S. 1386 1968(1967)-961-428 6 53 P.S. 9006
33 53 Pa.C.S. 1387 1968(1967)-961-428 7 53 P.S. 9007
34 53 Pa.C.S. 1388 1968(1967)-961-428 8 53 P.S. 9008
35 53 Pa.C.S. 1389 1968(1967)-961-428 9 53 P.S. 9009
36 53 Pa.C.S. 2161 1974-359-120 1 53 P.S. 740
37 53 Pa.C.S. 2162 1974-359-120 2 53 P.S. 741
38 53 Pa.C.S. 2163 1974-359-120 4 53 P.S. 743
39 53 Pa.C.S. 2164 1974-359-120 5 53 P.S. 744
40 53 Pa.C.S. 2165 1974-359-120 7 53 P.S. 746
41 53 Pa.C.S. 2166 1974-359-120 8 53 P.S. 747
42 53 Pa.C.S. 2167 1974-359-120 9 53 P.S. 748
43 53 Pa.C.S. 2168 1974-359-120 9.1 53 P.S. 748.1
44 53 Pa.C.S. 2169 1974-359-120 9.2 53 P.S. 748.2
45 53 Pa.C.S. 2170 1974-359-120 10 53 P.S. 749
46 53 Pa.C.S. 2171 New None
47 53 Pa.C.S. 2301 1972-762-180 1 53 P.S. 481
48 53 Pa.C.S. 2302 1972-762-180 2 53 P.S. 482
49 53 Pa.C.S. 2303 1972-762-180 3 53 P.S. 483
50 53 Pa.C.S. 2304 1972-762-180 4 53 P.S. 484
51 53 Pa.C.S. 2305 1972-762-180 5 53 P.S. 485
52 53 Pa.C.S. 2306 1972-762-180 6 53 P.S. 486
53 53 Pa.C.S. 2307 1972-762-180 7 53 P.S. 487
54 53 Pa.C.S. 2308 1972-762-180 7.1 53 P.S. 487.1
55 53 Pa.C.S. 2309 1972-762-180 7.2 53 P.S. 487.2
56 53 Pa.C.S. 2310 1972-762-180 7.3 53 P.S. 487.3
57 53 Pa.C.S. 2311 1972-762-180 7.4 None
58 53 Pa.C.S. 2312 1972-762-180 7.5 None
19950S0689B2340 - 273 -
1 53 Pa.C.S. 2313 1972-762-180 7.6 None
2 53 Pa.C.S. 2314 1972-762-180 8 53 P.S. 488
3 53 Pa.C.S. 2315 1972-762-180 9 53 P.S. 489
4 53 Pa.C.S. 2321 New None
5 53 Pa.C.S. 2322 1973-425-148 1 53 P.S. 11501
6 53 Pa.c.S. 2323 1973-425-148 2 53 P.S. 11502
7 53 Pa.C.S. 2324 1973-425-148 3 53 P.S. 11503
8 53 Pa.C.S. 2325 1973-425-148 4 53 P.S. 11504
9 53 Pa.C.S. 2326 1973-425-148 5 53 P.S. 11505
10 53 Pa.C.S. 2327 1973-425-148 6 53 P.S. 11506
11 53 Pa.C.S. 2328 1973-425-148 7 53 P.S. 11507
12 53 Pa.C.S. 2329 1973-425-148 8 53 P.S. 11508
13 53 Pa.C.S. 2341 1955-1845-611 101 53 P.S. 491
14 53 Pa.C.S. 2342 1955-1845-611 102 53 P.S. 492
15 53 Pa.C.S. 2343 1955-1845-611 201 53 P.S. 493
16 53 Pa.C.S. 2344 1955-1845-611 202 53 P.S. 494
17 53 Pa.C.S. 2345 1955-1845-611 203 53 P.S. 495
18 53 Pa.C.S. 2346 1955-1845-611 204 53 P.S. 496
19 53 Pa.C.S. 2347 1955-1845-611 205 53 P.S. 497
20 53 Pa.C.S. 2348 1955-1845-611 206 53 P.S. 498
21 53 Pa.C.S. 2501 1972-108-39 101 53 P.S. 11400-101
22 53 Pa.C.S. 2502 1972-108-39 102 53 P.S. 11400-102
23 53 Pa.C.S. 2511 1972-108-39 201 53 P.S. 11400-201
24 53 Pa.C.S. 2512 1972-108-39 202 53 P.S. 11400-202
25 53 Pa.C.S. 2513 1972-108-39 203 53 P.S. 11400-203
26 53 Pa.C.S. 2514 1972-108-39 204 53 P.S. 11400-204
27 53 Pa.C.S. 2515 1972-108-39 205 53 P.S. 11400-205
28 53 Pa.C.S. 2521 1972-108-39 301 53 P.S. 11400-301
29 53 Pa.C.S. 2522 1972-108-39 302 53 P.S. 11400-302
30 53 Pa.C.S. 2523 1972-108-39 303 53 P.S. 11400-303
31 53 Pa.C.S. 2531 1972-108-39 401 53 P.S. 11400-401
32 53 Pa.C.S. 2532 1972-108-39 402 53 P.S. 11400-402
33 53 Pa.C.S. 2533 1972-108-39 403 53 P.S. 11400-403
34 53 Pa.C.S. 2534 1972-108-39 404 53 P.S. 11400-404
35 53 Pa.C.S. 2535 1972-108-39 405 53 P.S. 11400-405
36 53 Pa.C.S. 2536 1972-108-39 406 53 P.S. 11400-406
37 53 Pa.C.S. 2541 1972-108-39 501 53 P.S. 11400-501
38 53 Pa.C.S. 2542 1972-108-39 502 53 P.S. 11400-502
39 53 Pa.C.S. 2543 1972-108-39 503 53 P.S. 11400-503
40 53 Pa.C.S. 2551 1972-108-39 601 53 P.S. 11400-601
41 53 Pa.C.S. 2552 1972-108-39 602 53 P.S. 11400-602
42 53 Pa.C.S. 2553 1972-108-39 603 53 P.S. 11400-603
43 53 Pa.C.S. 2554 1972-108-39 604 53 P.S. 11400-604
44 53 Pa.C.S. 2555 1972-108-39 605 53 P.S. 11400-605
45 53 Pa.C.S. 2901 1972-184-62 101 53 P.S. 1-101
46 53 Pa.C.S. 2902 1972-184-62 102 53 P.S. 1-102
47 53 Pa.C.S. 2911 1972-184-62 201 53 P.S. 1-201
48 53 Pa.C.S. 2912 1972-184-62 202 53 P.S. 1-202
49 53 Pa.C.S. 2913 1972-184-62 203 53 P.S. 1-203
50 53 Pa.C.S. 2914 1972-184-62 204 53 P.S. 1-204
51 53 Pa.C.S. 2915 1972-184-62 204.1 53 P.S. 1-204.1
52 53 Pa.C.S. 2916 1972-184-62 205 53 P.S. 1-205
53 53 Pa.C.S. 2917 1972-184-62 206 53 P.S. 1-206
54 53 Pa.C.S. 2918 1972-184-62 207 53 P.S. 1-207
55 53 Pa.C.S. 2919 1972-184-62 208 53 P.S. 1-208
56 53 Pa.C.S. 2920 1972-184-62 209 53 P.S. 1-209
57 53 Pa.C.S. 2921 1972-184-62 210 53 P.S. 1-210
58 53 Pa.C.S. 2922 1972-184-62 211 53 P.S. 1-211
59 53 Pa.C.S. 2923 1972-184-62 212 53 P.S. 1-212
19950S0689B2340 - 274 -
1 53 Pa.C.S. 2924 1972-184-62 213 53 P.S. 1-213
2 53 Pa.C.S. 2925 1972-184-62 214 53 P.S. 1-214
3 53 Pa.C.S. 2926 1972-184-62 215 53 P.S. 1-215
4 53 Pa.C.S. 2927 1972-184-62 216 53 P.S. 1-216
5 53 Pa.C.S. 2928 1972-184-62 217 53 P.S. 1-217
6 53 Pa.C.S. 2929 1972-184-62 218 53 P.S. 1-218
7 53 Pa.C.S. 2930 1972-184-62 219 53 P.S. 1-219
8 53 Pa.C.S. 2941 1972-184-62 221 53 P.S. 1-221
9 53 Pa.C.S. 2942 1972-184-62 231 53 P.S. 1-231
10 53 Pa.C.S. 2943 1972-184-62 232 53 P.S. 1-232
11 53 Pa.C.S. 2944 1972-184-62 233 53 P.S. 1-233
12 53 Pa.C.S. 2951 1972-184-62 241 53 P.S. 1-241
13 53 Pa.C.S. 2952 1972-184-62 242 53 P.S. 1-242
14 53 Pa.C.S. 2961 1972-184-62 301 53 P.S. 1-301
15 53 Pa.C.S. 2962 1972-184-62 302 53 P.S. 1-302
16 53 Pa.C.S. 2963 1972-184-62 303 53 P.S. 1-303
17 53 Pa.C.S. 2964 1972-184-62 304 53 P.S. 1-304
18 53 Pa.C.S. 2965 1972-184-62 305 53 P.S. 1-305
19 53 Pa.C.S. 2966 1972-184-62 306 53 P.S. 1-306
20 53 Pa.C.S. 2967 1972-184-62 307 53 P.S. 1-307
21 53 Pa.C.S. 2971 1972-184-62 401 53 P.S. 1-401
22 53 Pa.C.S. 2972 1972-184-62 402 53 P.S. 1-402
23 53 Pa.C.S. 2973 1972-184-62 403 53 P.S. 1-403
24 53 Pa.C.S. 2974 1972-184-62 404 53 P.S. 1-404
25 53 Pa.C.S. 2981 1972-184-62 1302 53 P.S. 1-1302
26 53 Pa.C.S. 2982 1972-184-62 1303 53 P.S. 1-1303
27 53 Pa.C.S. 2983 1972-184-62 1304 53 P.S. 1-1304
28 53 Pa.C.S. 2984 1972-184-62 1305 53 P.S. 1-1305
29 53 Pa.C.S. 3001 1972-184-62 501 53 P.S. 1-501
30 53 Pa.C.S. 3002 1972-184-62 502 53 P.S. 1-502
31 53 Pa.C.S. 3003 1972-184-62 503 53 P.S. 1-503
32 53 Pa.C.S. 3004 1972-184-62 504 53 P.S. 1-504
33 53 Pa.C.S. 3005 1972-184-62 505 53 P.S. 1-505
34 53 Pa.C.S. 3006 1972-184-62 511 53 P.S. 1-511
35 53 Pa.C.S. 3007 1972-184-62 512 53 P.S. 1-512
36 53 Pa.C.S. 3008 1972-184-62 513 53 P.S. 1-513
37 53 Pa.C.S. 3009 1972-184-62 514 53 P.S. 1-514
38 53 Pa.C.S. 3010 1972-184-62 521 53 P.S. 1-521
39 53 Pa.C.S. 3011 1972-184-62 522 53 P.S. 1-522
40 53 Pa.C.S. 3012 1972-184-62 523 53 P.S. 1-523
41 53 Pa.C.S. 3013 1972-184-62 524 53 P.S. 1-524
42 53 Pa.C.S. 3014 1972-184-62 525 53 P.S. 1-525
43 53 Pa.C.S. 3015 1972-184-62 531 53 P.S. 1-531
44 53 Pa.C.S. 3016 1972-184-62 532 53 P.S. 1-532
45 53 Pa.C.S. 3017 1972-184-62 533 53 P.S. 1-533
46 53 Pa.C.S. 3018 1972-184-62 534 53 P.S. 1-534
47 53 Pa.C.S. 3031 1972-184-62 601 53 P.S. 1-601
48 53 Pa.C.S. 3032 1972-184-62 602 53 P.S. 1-602
49 53 Pa.C.S. 3033 1972-184-62 603 53 P.S. 1-603
50 53 Pa.C.S. 3041 1972-184-62 701 53 P.S. 1-701
51 53 Pa.C.S. 3042 1972-184-62 702 53 P.S. 1-702
52 53 Pa.C.S. 3043 1972-184-62 703 53 P.S. 1-703
53 53 Pa.C.S. 3051 1972-184-62 801 53 P.S. 1-801
54 53 Pa.C.S. 3052 1972-184-62 802 53 P.S. 1-802
55 53 Pa.C.S. 3053 1972-184-62 803 53 P.S. 1-803
56 53 Pa.C.S. 3054 1972-184-62 804 53 P.S. 1-804
57 53 Pa.C.S. 3055 1972-184-62 805 53 P.S. 1-805
58 53 Pa.C.S. 3056 1972-184-62 811 53 P.S. 1-811
59 53 Pa.C.S. 3057 1972-184-62 812 53 P.S. 1-812
19950S0689B2340 - 275 -
1 53 Pa.C.S. 3058 1972-184-62 813 53 P.S. 1-813
2 53 Pa.C.S. 3059 1972-184-62 821 53 P.S. 1-821
3 53 Pa.C.S. 3060 1972-184-62 822 53 P.S. 1-822
4 53 Pa.C.S. 3061 1972-184-62 823 53 P.S. 1-823
5 53 Pa.C.S. 3062 1972-184-62 824 53 P.S. 1-824
6 53 Pa.C.S. 3063 1972-184-62 825 53 P.S. 1-825
7 53 Pa.C.S. 3064 1972-184-62 826 53 P.S. 1-826
8 53 Pa.C.S. 3071 1972-184-62 901 53 P.S. 1-901
9 53 Pa.C.S. 3072 1972-184-62 902 53 P.S. 1-902
10 53 Pa.C.S. 3073 1972-184-62 911 53 P.S. 1-911
11 53 Pa.C.S. 3074 1972-184-62 912 53 P.S. 1-912
12 53 Pa.C.S. 3075 1972-184-62 913 53 P.S. 1-913
13 53 Pa.C.S. 3076 1972-184-62 914 53 P.S. 1-914
14 53 Pa.C.S. 3077 1972-184-62 921 53 P.S. 1-921
15 53 Pa.C.S. 3078 1972-184-62 922 53 P.S. 1-922
16 53 Pa.C.S. 3079 1972-184-62 941 53 P.S. 1-941
17 53 Pa.C.S. 3080 1972-184-62 942 53 P.S. 1-942
18 53 Pa.C.S. 3091 1972-184-62 1001 53 P.S. 1-1001
19 53 Pa.C.S. 3092 1972-184-62 1002 53 P.S. 1-1002
20 53 Pa.C.S. 3093 1972-184-62 1003 53 P.S. 1-1003
21 53 Pa.C.S. 3094 1972-184-62 1101 53 P.S. 1-1101
22 53 Pa.C.S. 3095 1972-184-62 1102 53 P.S. 1-1102
23 53 Pa.C.S. 3101 1972-184-62 1201 53 P.S. 1-1201
24 53 Pa.C.S. 3102 1972-184-62 1202 53 P.S. 1-1202
25 53 Pa.C.S. 3103 1972-184-62 1203 53 P.S. 1-1203
26 53 Pa.C.S. 3014 1972-184-62 1204 53 P.S. 1-1204
27 53 Pa.C.S. 3111 1972-184-62 1211 53 P.S. 1-1211
28 53 Pa.C.S. 3121 1972-184-62 1221 53 P.S. 1-1221
29 53 Pa.C.S. 3122 1972-184-62 1222 53 P.S. 1-1222
30 53 Pa.C.S. 3131 1972-184-62 1231 53 P.S. 1-1231
31 53 Pa.C.S. 3132 1972-184-62 1232 53 P.S. 1-1232
32 53 Pa.C.S. 3141 1972-184-62 1241 53 P.S. 1-1241
33 53 Pa.C.S. 3142 1972-184-62 1242 53 P.S. 1-1242
34 53 Pa.C.S. 3143 1972-184-62 1243 53 P.S. 1-1243
35 53 Pa.C.S. 3144 1972-184-62 1244 53 P.S. 1-1244
36 53 Pa.C.S. 3145 1972-184-62 1245 53 P.S. 1-1245
37 53 Pa.C.S. 3146 1972-184-62 1246 53 P.S. 1-1246
38 53 Pa.C.S. 3151 1972-184-62 1251 53 P.S. 1-1251
39 53 Pa.C.S. 3152 1972-184-62 1252 53 P.S. 1-1252
40 53 Pa.C.S. 3153 1972-184-62 1253 53 P.S. 1-1253
41 53 Pa.C.S. 3161 1972-184-62 1261 53 P.S. 1-1261
42 53 Pa.C.S. 3162 1972-184-62 1262 53 P.S. 1-1262
43 53 Pa.C.S. 3163 1972-184-62 1263 53 P.S. 1-1263
44 53 Pa.C.S. 3164 1972-184-62 1264 53 P.S. 1-1264
45 53 Pa.C.S. 3165 1972-184-62 1265 53 P.S. 1-1265
46 53 Pa.C.S. 3166 1972-184-62 1266 53 P.S. 1-1266
47 53 Pa.C.S. 3171 1972-184-62 1271 53 P.S. 1-1271
48 53 Pa.C.S. 5401 1967-658-305 1 53 P.S. 1551
49 53 Pa.C.S. 5402 1967-658-305 2 53 P.S. 1552
50 53 Pa.C.S. 5403 1967-658-305 2 53 P.S. 1552
51 53 Pa.C.S. 5404 1967-658-305 2.1 53 P.S. 1552.1
52 53 Pa.C.S. 5405 1967-658-305 3 53 P.S. 1553
53 53 Pa.C.S. 5406 1967-658-305 4 53 P.S. 1554
54 53 Pa.C.S. 8001 1972-781-185 101 53 P.S. 6780-1
55 53 Pa.C.S. 8002 1972-781-185 102 53 P.S. 6780-2
56 53 Pa.C.S. 8003 1972-781-185 103 53 P.S. 6780-3
57 53 Pa.C.S. 8004 1972-781-185 104 53 P.S. 6780-4
58 53 Pa.C.S. 8005 1972-781-185 105 53 P.S. 6780-5
59 53 Pa.C.S. 8006 1972-781-185 106 53 P.S. 6780-6
19950S0689B2340 - 276 -
1 53 Pa.C.S. 8007 1972-781-185 107 53 P.S. 6780-7
2 53 Pa.C.S. 8008 1972-781-185 108 53 P.S. 6780-8
3 53 Pa.C.S. 8009 1972-781-185 109 None
4 53 Pa.C.S. 8021 1972-781-185 201 53 P.S. 6780-51
5 53 Pa.C.S. 8022 1972-781-185 202 53 P.S. 6780-52
6 53 Pa.C.S. 8023 1972-781-185 203 53 P.S. 6780-53
7 53 Pa.C.S. 8024 1972-781-185 204 53 P.S. 6780-54
8 53 Pa.C.S. 8025 1972-781-185 205 53 P.S. 6780-55
9 53 Pa.C.S. 8026 1972-781-185 206 53 P.S. 6780-56
10 53 Pa.C.S. 8027 1972-781-185 207 53 P.S. 6780-57
11 53 Pa.C.S. 8028 1972-781-185 208 53 P.S. 6780-58
12 53 Pa.C.S. 8029 1972-781-185 209 53 P.S. 6780-59
13 53 Pa.C.S. 8041 1972-781-185 301 53 P.S. 6780-101
14 53 Pa.C.S. 8042 1972-781-185 302 53 P.S. 6780-102
15 53 Pa.C.S. 8043 1972-781-185 303 53 P.S. 6780-103
16 53 Pa.C.S. 8044 1972-781-185 304 53 P.S. 6780-104
17 53 Pa.C.S. 8045 1972-781-185 305 53 P.S. 6780-105
18 53 Pa.C.S. 8046 1972-781-185 306 53 P.S. 6780-106
19 53 Pa.C.S. 8047 1972-781-185 307 53 P.S. 6780-107
20 53 Pa.C.S. 8048 1972-781-185 308 53 P.S. 6780-108
21 53 Pa.C.S. 8049 1972-781-185 309 53 P.S. 6780-109
22 53 Pa.C.S. 8101 1972-781-185 401 53 P.S. 6780-151
23 53 Pa.C.S. 8102 1972-781-185 402 53 P.S. 6780-152
24 53 Pa.C.S. 8103 1972-781-185 403 53 P.S. 6780-153
25 53 Pa.C.S. 8104 1972-781-185 404 53 P.S. 6780-154
26 53 Pa.C.S. 8105 1972-781-185 405 53 P.S. 6780-155
27 53 Pa.C.S. 8106 1972-781-185 406 53 P.S. 6780-156
28 53 Pa.C.S. 8107 1972-781-185 407 53 P.S. 6780-157
29 53 Pa.C.S. 8108 1972-781-185 408 53 P.S. 6780-158
30 53 Pa.C.S. 8109 1972-781-185 409 53 P.S. 6780-159
31 53 Pa.C.S. 8110 1972-781-185 410 53 P.S. 6780-160
32 53 Pa.C.S. 8111 1972-781-185 411 53 P.S. 6780-161
33 53 Pa.C.S. 8112 1972-781-185 412 53 P.S. 6780-162
34 53 Pa.C.S. 8113 1972-781-185 413 53 P.S. 6780-163
35 53 Pa.C.S. 8114 1972-781-185 414 53 P.S. 6780-164
36 53 Pa.C.S. 8115 1972-781-185 415 53 P.S. 6780-165
37 53 Pa.C.S. 8116 New None
38 53 Pa.C.S. 8121 1972-781-185 501 53 P.S. 6780-201
39 53 Pa.C.S. 8122 1972-781-185 502 53 P.S. 6780-202
40 53 Pa.C.S. 8123 1972-781-185 503 53 P.S. 6780-203
41 53 Pa.C.S. 8124 1972-781-185 504 53 P.S. 6780-204
42 53 Pa.C.S. 8125 1972-781-185 505 53 P.S. 6780-205
43 53 Pa.C.S. 8126 1972-781-185 506 53 P.S. 6780-206
44 53 Pa.C.S. 8127 1972-781-185 507 53 P.S. 6780-207
45 53 Pa.C.S. 8128 1972-781-185 508 53 P.S. 6780-208
46 53 Pa.C.S. 8129 1972-781-185 509 53 P.S. 6780-209
47 53 Pa.C.S. 8130 1972-781-185 510 53 P.S. 6780-210
48 53 Pa.C.S. 8141 1972-781-185 601 53 P.S. 6780-251
49 53 Pa.C.S. 8142 1972-781-185 602 53 P.S. 6780-252
50 53 Pa.C.S. 8143 New None
51 53 Pa.C.S. 8144 1972-781-185 603 53 P.S. 6780-253
52 53 Pa.C.S. 8145 1972-781-185 604 53 P.S. 6780-254
53 53 Pa.C.S. 8146 1972-781-185 605 53 P.S. 6780-255
54 53 Pa.C.S. 8147 1972-781-185 606 53 P.S. 6780-256
55 53 Pa.C.S. 8148 1972-781-185 607 53 P.S. 6780-257
56 53 Pa.C.S. 8149 1972-781-185 608 53 P.S. 6780-258
57 53 Pa.C.S. 8150 1972-781-185 609 53 P.S. 6780-259
58 53 Pa.C.S. 8161 1972-781-185 701 53 P.S. 6780-301
59 53 Pa.C.S. 8162 1972-781-185 702 53 P.S. 6780-302
19950S0689B2340 - 277 -
1 53 Pa.C.S. 8163 1972-781-185 703 53 P.S. 6780-303
2 53 Pa.C.S. 8164 1972-781-185 704 53 P.S. 6780-304
3 53 Pa.C.S. 8165 1972-781-185 705 53 P.S. 6780-305
4 53 Pa.C.S. 8166 1972-781-185 706 53 P.S. 6780-306
5 53 Pa.C.S. 8167 1972-781-185 707 53 P.S. 6780-307
6 53 Pa.C.S. 8168 1972-781-185 708 53 P.S. 6780-308
7 53 Pa.C.S. 8169 1972-781-185 709 53 P.S. 6780-309
8 53 Pa.C.S. 8201 1972-781-185 801 53 P.S. 6780-351
9 53 Pa.C.S. 8202 1972-781-185 802 53 P.S. 6780-352
10 53 Pa.C.S. 8203 1972-781-185 803 53 P.S. 6780-353
11 53 Pa.C.S. 8204 1972-781-185 804 53 P.S. 6780-354
12 53 Pa.C.S. 8205 1972-781-185 805 53 P.S. 6780-355
13 53 Pa.C.S. 8206 1972-781-185 806 53 P.S. 6780-356
14 53 Pa.C.S. 8207 1972-781-185 807 53 P.S. 6780-357
15 53 Pa.C.S. 8208 1972-781-185 808 53 P.S. 6780-358
16 53 Pa.C.S. 8209 1972-781-185 809 53 P.S. 6780-359
17 53 Pa.C.S. 8210 1972-781-185 810 53 P.S. 6780-360
18 53 Pa.C.S. 8211 1972-781-185 901 53 P.S. 6780-401
19 53 Pa.C.S. 8221 1972-781-185 1001 53 P.S. 6780-451
20 53 Pa.C.S. 8222 1972-781-185 1002 53 P.S. 6780-452
21 53 Pa.C.S. 8223 1972-781-185 1003 53 P.S. 6780-453
22 53 Pa.C.S. 8224 1972-781-185 1004 53 P.S. 6780-454
23 53 Pa.C.S. 8225 1972-781-185 1005 53 P.S. 6780-455
24 53 Pa.C.S. 8226 1972-781-185 1006 53 P.S. 6780-456
25 53 Pa.C.S. 8227 1972-781-185 1007 53 P.S. 6780-457
26 53 Pa.C.S. 8241 1972-781-185 1101 53 P.S. 6780-501
27 53 Pa.C.S. 8242 1972-781-185 1102 53 P.S. 6780-502
28 53 Pa.C.S. 8243 1972-781-185 1103 53 P.S. 6780-503
29 53 Pa.C.S. 8244 1972-781-185 1104 53 P.S. 6780-504
30 53 Pa.C.S. 8245 1972-781-185 1105 53 P.S. 6780-505
31 53 Pa.C.S. 8246 1972-781-185 1106 53 P.S. 6780-506
32 53 Pa.C.S. 8247 1972-781-185 1107 53 P.S. 6780-507
33 53 Pa.C.S. 8248 1972-781-185 1108 53 P.S. 6780-508
34 53 Pa.C.S. 8249 1972-781-185 1109 53 P.S. 6780-509
35 53 Pa.C.S. 8250 1972-781-185 1110 53 P.S. 6780-510
36 53 Pa.C.S. 8251 1972-781-185 1111 53 P.S. 6780-511
37 53 Pa.C.S. 8261 1972-781-185 1201 53 P.S. 6780-551
38 53 Pa.C.S. 8262 1972-781-185 1202 53 P.S. 6780-552
39 53 Pa.C.S. 8263 1972-781-185 1203 53 P.S. 6780-553
40 53 Pa.C.S. 8264 1972-781-185 1204 53 P.S. 6780-554
41 53 Pa.C.S. 8265 1972-781-185 1205 53 P.S. 6780-555
42 53 Pa.C.S. 8266 1972-781-185 1206 53 P.S. 6780-556
43 53 Pa.C.S. 8271 1972-781-185 1302 53 P.S. 6780-602
19950S0689B2340 - 278 -
1 DISPOSITION TABLE
2 PROPOSED GENERAL LOCAL GOVERNMENT CODE
3 PREPARED BY THE JOINT STATE GOVERNMENT COMMISSION
4 (All citations are to the proposed code except
5 those indicated in the Disposition Table)
6 ----------------------------------------------------------------
7 Repealed Act Section Purdon's Citation Proposed GLGC
8 ----------------------------------------------------------------
9 1955-1845-611 101 53 P.S. 491 53 Pa.C.S. 2341
10 1955-1845-611 102 53 P.S. 492 53 Pa.C.S. 2342
11 1955-1845-611 201 53 P.S. 493 53 Pa.C.S. 2343
12 1955-1845-611 202 53 P.S. 494 53 Pa.C.S. 2344
13 1955-1845-611 203 53 P.S. 495 53 Pa.C.S. 2345
14 1955-1845-611 204 53 P.S. 496 53 Pa.C.S. 2346
15 1955-1845-611 205 53 P.S. 497 53 Pa.C.S. 2347
16 1955-1845-611 206 53 P.S. 498 53 Pa.C.S. 2348
17 1955-1845-611 207 53 P.S. 499 Omitted
18 1955-1845-611 208 None Omitted
19 1959-579-188 1 71 P.S. 777.1 53 Pa.C.S. 1122
20 1959-579-188 2 71 P.S. 777.2 53 Pa.C.S. 1123
21 1959-579-188 3 71 P.S. 777.3 53 Pa.C.S. 1124
22 1959-579-188 4 None Omitted
23 1959-1369-474 1 71 P.S. 779.1 53 Pa.C.S. 1131
24 1959-1369-474 2 71 P.S. 779.2 53 Pa.C.S. 1132
25 1959-1369-474 3 71 P.S. 779.3 53 Pa.C.S. 1133
26 1959-1369-474 4 71 P.S. 779.4 Omitted
27 1959-1369-474 5 71 P.S. 779.5 Omitted
28 1959-1369-474 6 71 P.S. 779.6 53 Pa.C.S. 1134
29 1959-1369-474 7 71 P.S. 779.7 53 Pa.C.S. 1135
30 1959-1369-474 8 71 P.S. 779.8 Omitted
31 1959-1369-474 9 71 P.S. 779.9 53 Pa.C.S. 1136
32 1959-1369-474 10 71 P.S. 779.10 53 Pa.C.S. 1137
33 1959-1369-474 11 71 P.S. 779.11 53 Pa.C.S. 1138
34 1959-1369-474 12 71 P.S. 779.12 Omitted
35 1959-1369-474 13 None Omitted
36 1967-658-305 1 53 P.S. 1551 53 Pa.C.S. 5401
37 1967-658-305 2 53 P.S. 1552 53 Pa.C.S. 5402
38 1967-658-305 2 53 P.S. 1552 53 Pa.C.S. 5403
39 1967-658-305 2.1 53 P.S. 1552.1 53 Pa.C.S. 5404
40 1967-658-305 3 53 P.S. 1553 53 Pa.C.S. 5405
41 1967-658-305 4 53 P.S. 1554 53 Pa.C.S. 5406
42 1968(1967)-961-428 1 53 P.S. 9001 53 Pa.C.S. 1381
43 1968(1967)-961-428 2 53 P.S. 9002 53 Pa.C.S. 1382
44 1968(1967)-961-428 3 53 P.S. 9003 53 Pa.C.S. 1383
45 1968(1967)-961-428 4 53 P.S. 9004 53 Pa.C.S. 1384
46 1968(1967)-961-428 5 53 P.S. 9005 53 Pa.C.S. 1385
47 1968(1967)-961-428 6 53 P.S. 9006 53 Pa.C.S. 1386
48 1968(1967)-961-428 7 53 P.S. 9007 53 Pa.C.S. 1387
49 1968(1967)-961-428 8 53 P.S. 9008 53 Pa.C.S. 1388
50 1968(1967)-961-428 9 53 P.S. 9009 53 Pa.C.S. 1389
51 1968(1967)-961-428 10 53 P.S. 9010 Omitted
52 1972-108-39 101 53 P.S. 11400-101 53 Pa.C.S. 2501
53 1972-108-39 102 53 P.S. 11400-102 53 Pa.C.S. 2502
54 1972-108-39 103 53 P.S. 11400-103 Omitted
55 1972-108-39 201 53 P.S. 11400-201 53 Pa.C.S. 2511
56 1972-108-39 202 53 P.S. 11400-202 53 Pa.C.S. 2512
57 1972-108-39 203 53 P.S. 11400-203 53 Pa.C.S. 2513
58 1972-108-39 204 53 P.S. 11400-204 53 Pa.C.S. 2514
19950S0689B2340 - 279 -
1 1972-108-39 205 53 P.S. 11400-205 53 Pa.C.S. 2515
2 1972-108-39 301 53 P.S. 11400-301 53 Pa.C.S. 2521
3 1972-108-39 302 53 P.S. 11400-302 53 Pa.C.S. 2522
4 1972-108-39 303 53 P.S. 11400-303 53 Pa.C.S. 2523
5 1972-108-39 401 53 P.S. 11400-401 53 Pa.C.S. 2531
6 1972-108-39 402 53 P.S. 11400-402 53 Pa.C.S. 2532
7 1972-108-39 403 53 P.S. 11400-403 53 Pa.C.S. 2533
8 1972-108-39 404 53 P.S. 11400-404 53 Pa.C.S. 2534
9 1972-108-39 405 53 P.S. 11400-405 53 Pa.C.S. 2535
10 1972-108-39 406 53 P.S. 11400-406 53 Pa.C.S. 2536
11 1972-108-39 501 53 P.S. 11400-501 53 Pa.C.S. 2541
12 1972-108-39 502 53 P.S. 11400-502 53 Pa.C.S. 2542
13 1972-108-39 503 53 P.S. 11400-503 53 Pa.C.S. 2543
14 1972-108-39 601 53 P.S. 11400-601 53 Pa.C.S. 2551
15 1972-108-39 602 53 P.S. 11400-602 53 Pa.C.S. 2552
16 1972-108-39 603 53 P.S. 11400-603 53 Pa.C.S. 2553
17 1972-108-39 604 53 P.S. 11400-604 53 Pa.C.S. 2554
18 1972-108-39 605 53 P.S. 11400-605 53 Pa.C.S. 2555
19 1972-108-39 701 53 P.S. 11400-701 Omitted
20 1972-184-62 101 53 P.S. 1-101 53 Pa.C.S. 2901
21 1972-184-62 102 53 P.S. 1-102 53 Pa.C.S. 2902
22 1972-184-62 201 53 P.S. 1-201 53 Pa.C.S. 2911
23 1972-184-62 202 53 P.S. 1-202 53 Pa.C.S. 2912
24 1972-184-62 203 53 P.S. 1-203 53 Pa.C.S. 2913
25 1972-184-62 204 53 P.S. 1-204 53 Pa.C.S. 2914
26 1972-184-62 204.1 53 P.S. 1-204.1 53 Pa.C.S. 2915
27 1972-184-62 205 53 P.S. 1-205 53 Pa.C.S. 2916
28 1972-184-62 206 53 P.S. 1-206 53 Pa.C.S. 2917
29 1972-184-62 207 53 P.S. 1-207 53 Pa.C.S. 2918
30 1972-184-62 208 53 P.S. 1-208 53 Pa.C.S. 2919
31 1972-184-62 209 53 P.S. 1-209 53 Pa.C.S. 2920
32 1972-184-62 210 53 P.S. 1-210 53 Pa.C.S. 2921
33 1972-184-62 211 53 P.S. 1-211 53 Pa.C.S. 2922
34 1972-184-62 212 53 P.S. 1-212 53 Pa.C.S. 2923
35 1972-184-62 213 53 P.S. 1-213 53 Pa.C.S. 2924
36 1972-184-62 214 53 P.S. 1-214 53 Pa.C.S. 2925
37 1972-184-62 215 53 P.S. 1-215 53 Pa.C.S. 2926
38 1972-184-62 216 53 P.S. 1-216 53 Pa.C.S. 2927
39 1972-184-62 217 53 P.S. 1-217 53 Pa.C.S. 2928
40 1972-184-62 218 53 P.S. 1-218 53 Pa.C.S. 2929
41 1972-184-62 219 53 P.S. 1-219 53 Pa.C.S. 2930
42 1972-184-62 221 53 P.S. 1-221 53 Pa.C.S. 2941
43 1972-184-62 231 53 P.S. 1-231 53 Pa.C.S. 2942
44 1972-184-62 232 53 P.S. 1-232 53 Pa.C.S. 2943
45 1972-184-62 233 53 P.S. 1-233 53 Pa.C.S. 2944
46 1972-184-62 241 53 P.S. 1-241 53 Pa.C.S. 2951
47 1972-184-62 242 53 P.S. 1-242 53 Pa.C.S. 2952
48 1972-184-62 301 53 P.S. 1-301 53 Pa.C.S. 2961
49 1972-184-62 302 53 P.S. 1-302 53 Pa.C.S. 2962
50 1972-184-62 303 53 P.S. 1-303 53 Pa.C.S. 2963
51 1972-184-62 304 53 P.S. 1-304 53 Pa.C.S. 2964
52 1972-184-62 305 53 P.S. 1-305 53 Pa.C.S. 2965
53 1972-184-62 306 53 P.S. 1-306 53 Pa.C.S. 2966
54 1972-184-62 307 53 P.S. 1-307 53 Pa.C.S. 2967
55 1972-184-62 401 53 P.S. 1-401 53 Pa.C.S. 2971
56 1972-184-62 402 53 P.S. 1-402 53 Pa.C.S. 2972
57 1972-184-62 403 53 P.S. 1-403 53 Pa.C.S. 2973
58 1972-184-62 404 53 P.S. 1-404 53 Pa.C.S. 2974
59 1972-184-62 501 53 P.S. 1-501 53 Pa.C.S. 3001
19950S0689B2340 - 280 -
1 1972-184-62 502 53 P.S. 1-502 53 Pa.C.S. 3002
2 1972-184-62 503 53 P.S. 1-503 53 Pa.C.S. 3003
3 1972-184-62 504 53 P.S. 1-504 53 Pa.C.S. 3004
4 1972-184-62 505 53 P.S. 1-505 53 Pa.C.S. 3005
5 1972-184-62 511 53 P.S. 1-511 53 Pa.C.S. 3006
6 1972-184-62 512 53 P.S. 1-512 53 Pa.C.S. 3007
7 1972-184-62 513 53 P.S. 1-513 53 Pa.C.S. 3008
8 1972-184-62 514 53 P.S. 1-514 53 Pa.C.S. 3009
9 1972-184-62 521 53 P.S. 1-521 53 Pa.C.S. 3010
10 1972-184-62 522 53 P.S. 1-522 53 Pa.C.S. 3011
11 1972-184-62 523 53 P.S. 1-523 53 Pa.C.S. 3012
12 1972-184-62 524 53 P.S. 1-524 53 Pa.C.S. 3013
13 1972-184-62 525 53 P.S. 1-525 53 Pa.C.S. 3014
14 1972-184-62 531 53 P.S. 1-531 53 Pa.C.S. 3015
15 1972-184-62 532 53 P.S. 1-532 53 Pa.C.S. 3016
16 1972-184-62 533 53 P.S. 1-533 53 Pa.C.S. 3017
17 1972-184-62 534 53 P.S. 1-534 53 Pa.C.S. 3018
18 1972-184-62 601 53 P.S. 1-601 53 Pa.C.S. 3031
19 1972-184-62 602 53 P.S. 1-602 53 Pa.C.S. 3032
20 1972-184-62 603 53 P.S. 1-603 53 Pa.C.S. 3033
21 1972-184-62 701 53 P.S. 1-701 53 Pa.C.S. 3041
22 1972-184-62 702 53 P.S. 1-702 53 Pa.C.S. 3042
23 1972-184-62 703 53 P.S. 1-703 53 Pa.C.S. 3043
24 1972-184-62 801 53 P.S. 1-801 53 Pa.C.S. 3051
25 1972-184-62 802 53 P.S. 1-802 53 Pa.C.S. 3052
26 1972-184-62 803 53 P.S. 1-803 53 Pa.C.S. 3053
27 1972-184-62 804 53 P.S. 1-804 53 Pa.C.S. 3054
28 1972-184-62 805 53 P.S. 1-805 53 Pa.C.S. 3055
29 1972-184-62 811 53 P.S. 1-811 53 Pa.C.S. 3056
30 1972-184-62 812 53 P.S. 1-812 53 Pa.C.S. 3057
31 1972-184-62 813 53 P.S. 1-813 53 Pa.C.S. 3058
32 1972-184-62 821 53 P.S. 1-821 53 Pa.C.S. 3059
33 1972-184-62 822 53 P.S. 1-822 53 Pa.C.S. 3060
34 1972-184-62 823 53 P.S. 1-823 53 Pa.C.S. 3061
35 1972-184-62 824 53 P.S. 1-824 53 Pa.C.S. 3062
36 1972-184-62 825 53 P.S. 1-825 53 Pa.C.S. 3063
37 1972-184-62 826 53 P.S. 1-826 53 Pa.C.S. 3064
38 1972-184-62 901 53 P.S. 1-901 53 Pa.C.S. 3071
39 1972-184-62 902 53 P.S. 1-902 53 Pa.C.S. 3072
40 1972-184-62 911 53 P.S. 1-911 53 Pa.C.S. 3073
41 1972-184-62 912 53 P.S. 1-912 53 Pa.C.S. 3074
42 1972-184-62 913 53 P.S. 1-913 53 Pa.C.S. 3075
43 1972-184-62 914 53 P.S. 1-914 53 Pa.C.S. 3076
44 1972-184-62 921 53 P.S. 1-921 53 Pa.C.S. 3077
45 1972-184-62 922 53 P.S. 1-922 53 Pa.C.S. 3078
46 1972-184-62 941 53 P.S. 1-941 53 Pa.C.S. 3079
47 1972-184-62 942 53 P.S. 1-942 53 Pa.C.S. 3080
48 1972-184-62 1001 53 P.S. 1-1001 53 Pa.C.S. 3091
49 1972-184-62 1002 53 P.S. 1-1002 53 Pa.C.S. 3092
50 1972-184-62 1003 53 P.S. 1-1003 53 Pa.C.S. 3093
51 1972-184-62 1101 53 P.S. 1-1101 53 Pa.C.S. 3094
52 1972-184-62 1102 53 P.S. 1-1102 53 Pa.C.S. 3095
53 1972-184-62 1201 53 P.S. 1-1201 53 Pa.C.S. 3101
54 1972-184-62 1202 53 P.S. 1-1202 53 Pa.C.S. 3102
55 1972-184-62 1203 53 P.S. 1-1203 53 Pa.C.S. 3103
56 1972-184-62 1204 53 P.S. 1-1204 53 Pa.C.S. 3104
57 1972-184-62 1211 53 P.S. 1-1211 53 Pa.C.S. 3111
58 1972-184-62 1221 53 P.S. 1-1221 53 Pa.C.S. 3121
59 1972-184-62 1222 53 P.S. 1-1222 53 Pa.C.S. 3122
19950S0689B2340 - 281 -
1 1972-184-62 1231 53 P.S. 1-1231 53 Pa.C.S. 3131
2 1972-184-62 1232 53 P.S. 1-1232 53 Pa.C.S. 3132
3 1972-184-62 1241 53 P.S. 1-1241 53 Pa.C.S. 3141
4 1972-184-62 1242 53 P.S. 1-1242 53 Pa.C.S. 3142
5 1972-184-62 1243 53 P.S. 1-1243 53 Pa.C.S. 3143
6 1972-184-62 1244 53 P.S. 1-1244 53 Pa.C.S. 3144
7 1972-184-62 1245 53 P.S. 1-1245 53 Pa.C.S. 3145
8 1972-184-62 1246 53 P.S. 1-1246 53 Pa.C.S. 3146
9 1972-184-62 1251 53 P.S. 1-1251 53 Pa.C.S. 3151
10 1972-184-62 1252 53 P.S. 1-1252 53 Pa.C.S. 3152
11 1972-184-62 1253 53 P.S. 1-1253 53 Pa.C.S. 3153
12 1972-184-62 1261 53 P.S. 1-1261 53 Pa.C.S. 3161
13 1972-184-62 1262 53 P.S. 1-1262 53 Pa.C.S. 3162
14 1972-184-62 1263 53 P.S. 1-1263 53 Pa.C.S. 3163
15 1972-184-62 1264 53 P.S. 1-1264 53 Pa.C.S. 3164
16 1972-184-62 1265 53 P.S. 1-1265 53 Pa.C.S. 3165
17 1972-184-62 1266 53 P.S. 1-1266 53 Pa.C.S. 3166
18 1972-184-62 1271 53 P.S. 1-1271 53 Pa.C.S. 3171
19 1972-184-62 1301 53 P.S. 1-1301 Omitted
20 1972-184-62 1302 53 P.S. 1-1302 53 Pa.C.S. 2981
21 1972-184-62 1303 53 P.S. 1-1303 53 Pa.C.S. 2982
22 1972-184-62 1304 53 P.S. 1-304 53 Pa.C.S. 2983
23 1972-184-62 1305 53 P.S. 1-305 53 Pa.C.S. 2984
24 1972-184-62 1306 53 P.S. 1-306 Omitted
25 1972-184-62 1307 53 P.S. 1-307 Omitted
26 1972-184-62 1308 53 P.S. 1-308 Omitted
27 1972-184-62 1309 53 P.S. 1-309 Omitted
28 1972-762-180 1 53 P.S. 481 53 Pa.C.S. 2301
29 1972-762-180 2 53 P.S. 482 53 Pa.C.S. 2302
30 1972-762-180 3 53 P.S. 483 53 Pa.C.S. 2303
31 1972-762-180 4 53 P.S. 484 53 Pa.C.S. 2304
32 1972-762-180 5 53 P.S. 485 53 Pa.C.S. 2305
33 1972-762-180 6 53 P.S. 486 53 Pa.C.S. 2306
34 1972-762-180 7 53 P.S. 487 53 Pa.C.S. 2307
35 1972-762-180 7.1 53 P.S. 487.1 53 Pa.C.S. 2308
36 1972-762-180 7.2 53 P.S. 487.2 53 Pa.C.S. 2309
37 1972-762-180 7.3 53 P.S. 487.3 53 Pa.C.S. 2310
38 1972-762-180 7.4 None 53 Pa.C.S. 2311
39 1972-762-180 7.5 None 53 Pa.C.S. 2312
40 1972-762-180 7.6 None 53 Pa.C.S. 2313
41 1972-762-180 8 53 P.S. 488 53 Pa.C.S. 2314
42 1972-762-180 9 53 P.S. 489 53 Pa.C.S. 2315
43 1972-762-180 10 53 P.S. 490 Omitted
44 1972-762-180 11 None Omitted
45 1972-781-185 101 53 P.S. 6780-1 53 Pa.C.S. 8001
46 1972-781-185 102 53 P.S. 6780-2 53 Pa.C.S. 8002
47 1972-781-185 103 53 P.S. 6780-3 53 Pa.C.S. 8003
48 1972-781-185 104 53 P.S. 6780-4 53 Pa.C.S. 8004
49 1972-781-185 105 53 P.S. 6780-5 53 Pa.C.S. 8005
50 1972-781-185 106 53 P.S. 6780-6 53 Pa.C.S. 8006
51 1972-781-185 107 53 P.S. 6780-7 53 Pa.C.S. 8007
52 1972-781-185 108 53 P.S. 6780-8 53 Pa.C.S. 8008
53 1972-781-185 109 None 53 Pa.C.S. 8009
54 1972-781-185 201 53 P.S. 6780-51 53 Pa.C.S. 8021
55 1972-781-185 202 53 P.S. 6780-52 53 Pa.C.S. 8022
56 1972-781-185 203 53 P.S. 6780-53 53 Pa.C.S. 8023
57 1972-781-185 204 53 P.S. 6780-54 53 Pa.C.S. 8024
58 1972-781-185 205 53 P.S. 6780-55 53 Pa.C.S. 8025
59 1972-781-185 206 53 P.S. 6780-56 53 Pa.C.S. 8026
19950S0689B2340 - 282 -
1 1972-781-185 207 53 P.S. 6780-57 53 Pa.C.S. 8027
2 1972-781-185 208 53 P.S. 6780-58 53 Pa.C.S. 8028
3 1972-781-185 209 53 P.S. 6780-59 53 Pa.C.S. 8029
4 1972-781-185 301 53 P.S. 6780-101 53 Pa.C.S. 8041
5 1972-781-185 302 53 P.S. 6780-102 53 Pa.C.S. 8042
6 1972-781-185 303 53 P.S. 6780-103 53 Pa.C.S. 8043
7 1972-781-185 304 53 P.S. 6780-104 53 Pa.C.S. 8044
8 1972-781-185 305 53 P.S. 6780-105 53 Pa.C.S. 8045
9 1972-781-185 306 53 P.S. 6780-106 53 Pa.C.S. 8046
10 1972-781-185 307 53 P.S. 6780-107 53 Pa.C.S. 8047
11 1972-781-185 308 53 P.S. 6780-108 53 Pa.C.S. 8048
12 1972-781-185 309 53 P.S. 5780-109 53 Pa.C.S. 8049
13 1972-781-185 401 53 P.S. 6780-151 53 Pa.C.S. 8101
14 1972-781-185 402 53 P.S. 6780-152 53 Pa.C.S. 8102
15 1972-781-185 403 53 P.S. 6780-153 53 Pa.C.S. 8103
16 1972-781-185 404 53 P.S. 6780-154 53 Pa.C.S. 8104
17 1972-781-185 405 53 P.S. 6780-155 53 Pa.C.S. 8105
18 1972-781-185 406 53 P.S. 6780-156 53 Pa.C.S. 8106
19 1972-781-185 407 53 P.S. 6780-157 53 Pa.C.S. 8107
20 1972-781-185 408 53 P.S. 6780-158 53 Pa.C.S. 8108
21 1972-781-185 409 53 P.S. 6780-159 53 Pa.C.S. 8109
22 1972-781-185 410 53 P.S. 6780-160 53 Pa.C.S. 8110
23 1972-781-185 411 53 P.S. 6780-161 53 Pa.C.S. 8111
24 1972-781-185 412 53 P.S. 6780-162 53 Pa.C.S. 8112
25 1972-781-185 413 53 P.S. 6780-163 53 Pa.C.S. 8113
26 1972-781-185 414 53 P.S. 6780-164 53 Pa.C.S. 8114
27 1972-781-185 415 53 P.S. 6780-165 53 Pa.C.S. 8115
28 1972-781-185 501 53 P.S. 6780-201 53 Pa.C.S. 8121
29 1972-781-185 502 53 P.S. 6780-202 53 Pa.C.S. 8122
30 1972-781-185 503 53 P.S. 6780-203 53 Pa.C.S. 8123
31 1972-781-185 504 53 P.S. 6780-204 53 Pa.C.S. 8124
32 1972-781-185 505 53 P.S. 6780-205 53 Pa.C.S. 8125
33 1972-781-185 506 53 P.S. 6780-206 53 Pa.C.S. 8126
34 1972-781-185 507 53 P.S. 6780-207 53 Pa.C.S. 8127
35 1972-781-185 508 53 P.S. 6780-208 53 Pa.C.S. 8128
36 1972-781-185 509 53 P.S. 6780-209 53 Pa.C.S. 8129
37 1972-781-185 510 53 P.S. 6780-210 53 Pa.C.S. 8130
38 1972-781-185 601 53 P.S. 6780-251 53 Pa.C.S. 8141
39 1972-781-185 602 53 P.S. 6780-252 53 Pa.C.S. 8142
40 1972-781-185 603 53 P.S. 6780-253 53 Pa.C.S. 8144
41 1972-781-185 604 53 P.S. 6780-254 53 Pa.C.S. 8145
42 1972-781-185 605 53 P.S. 6780-255 53 Pa.C.S. 8146
43 1972-781-185 606 53 P.S. 6780-256 53 Pa.C.S. 8147
44 1972-781-185 607 53 P.S. 6780-257 53 Pa.C.S. 8148
45 1972-781-185 608 53 P.S. 6780-258 53 Pa.C.S. 8149
46 1972-781-185 609 53 P.S. 6780-259 53 Pa.C.S. 8150
47 1972-781-185 701 53 P.S. 6780-301 53 Pa.C.S. 8161
48 1972-781-185 702 53 P.S. 6780-302 53 Pa.C.S. 8162
49 1972-781-185 703 53 P.S. 6780-303 53 Pa.C.S. 8163
50 1972-781-185 704 53 P.S. 6780-304 53 Pa.C.S. 8164
51 1972-781-185 705 53 P.S. 6780-305 53 Pa.C.S. 8165
52 1972-781-185 706 53 P.S. 6780-306 53 Pa.C.S. 8166
53 1972-781-185 707 53 P.S. 6780-307 53 Pa.C.S. 8167
54 1972-781-185 708 53 P.S. 6780-308 53 Pa.C.S. 8168
55 1972-781-185 709 53 P.S. 6780-309 53 Pa.C.S. 8169
56 1972-781-185 801 53 P.S. 6780-351 53 Pa.C.S. 8201
57 1972-781-185 802 53 P.S. 6780-352 53 Pa.C.S. 8202
58 1972-781-185 803 53 P.S. 6780-353 53 Pa.C.S. 8203
59 1972-781-185 804 53 P.S. 6780-354 53 Pa.C.S. 8204
19950S0689B2340 - 283 -
1 1972-781-185 805 53 P.S. 6780-355 53 Pa.C.S. 8205
2 1972-781-185 806 53 P.S. 6780-356 53 Pa.C.S. 8206
3 1972-781-185 807 53 P.S. 6780-357 53 Pa.C.S. 8207
4 1972-781-185 808 53 P.S. 6780-358 53 Pa.C.S. 8208
5 1972-781-185 809 53 P.S. 6780-359 53 Pa.C.S. 8209
6 1972-781-185 810 53 P.S. 6780-360 53 Pa.C.S. 8210
7 1972-781-185 901 53 P.S. 6780-401 53 Pa.C.S. 8211
8 1972-781-185 902 53 P.S. 6780-402 Omitted
9 1972-781-185 1001 53 P.S. 6780-451 53 Pa.C.S. 8221
10 1972-781-185 1002 53 P.S. 6780-452 53 Pa.C.S. 8222
11 1972-781-185 1003 53 P.S. 6780-453 53 Pa.C.S. 8223
12 1972-781-185 1004 53 P.S. 6780-454 53 Pa.C.S. 8224
13 1972-781-185 1005 53 P.S. 6780-455 53 Pa.C.S. 8225
14 1972-781-185 1006 53 P.S. 6780-456 53 Pa.C.S. 8226
15 1972-781-185 1007 53 P.S. 6780-457 53 Pa.C.S. 8227
16 1972-781-185 1101 53 P.S. 6780-501 53 Pa.C.S. 8241
17 1972-781-185 1102 53 P.S. 6780-502 53 Pa.C.S. 8242
18 1972-781-185 1103 53 P.S. 6780-503 53 Pa.C.S. 8243
19 1972-781-185 1104 53 P.S. 6780-504 53 Pa.C.S. 8244
20 1972-781-185 1105 53 P.S. 6780-505 53 Pa.C.S. 8245
21 1972-781-185 1106 53 P.S. 6780-506 53 Pa.C.S. 8246
22 1972-781-185 1107 53 P.S. 6780-507 53 Pa.C.S. 8247
23 1972-781-185 1108 53 P.S. 6780-508 53 Pa.C.S. 8248
24 1972-781-185 1109 53 P.S. 6780-509 53 Pa.C.S. 8249
25 1972-781-185 1110 53 P.S. 6780-510 53 Pa.C.S. 8250
26 1972-781-185 1111 53 P.S. 6780-511 53 Pa.C.S. 8251
27 1972-781-185 1201 53 P.S. 6780-551 53 Pa.C.S. 8261
28 1972-781-185 1202 53 P.S. 6780-552 53 Pa.C.S. 8262
29 1972-781-185 1203 53 P.S. 6780-553 53 Pa.C.S. 8263
30 1972-781-185 1204 53 P.S. 6780-554 53 Pa.C.S. 8264
31 1972-781-185 1205 53 P.S. 6780-555 53 Pa.C.S. 8265
32 1972-781-185 1206 53 P.S. 6780-556 53 Pa.C.S. 8266
33 1972-781-185 1301 53 P.S. 6780-601 Omitted
34 1972-781-185 1302 53 P.S. 6780-602 53 Pa.C.S. 8271
35 1972-781-185 1303 53 P.S. 6780-603 53 Pa.C.S. 8001(c)
36 1972-781-185 1304 53 P.S. 6780-604 53 Pa.C.S. 8001(d)
37 1972-781-185 1305 53 P.S. 6780-605 Omitted
38 1972-781-185 1306 53 P.S. 6780-606 Omitted
39 1972-781-185 1307 53 P.S. 6780-607 Omitted
40 1973-425-148 1 53 P.S. 11501 53 Pa.C.S. 2322
41 1973-425-148 2 53 P.S. 11502 53 Pa.C.S. 2323
42 1973-425-148 3 53 P.S. 11503 53 Pa.C.S. 2324
43 1973-425-148 4 53 P.S. 11504 53 Pa.C.S. 2325
44 1973-425-148 5 53 P.S. 11505 53 Pa.C.S. 2326
45 1973-425-148 6 53 P.S. 11506 53 Pa.C.S. 2327
46 1973-425-148 7 53 P.S. 11507 53 Pa.C.S. 2328
47 1973-425-148 8 53 P.S. 11508 53 Pa.C.S. 2329
48 1973-425-148 9 None Omitted
49 1974-359-120 1 53 P.S. 740 53 Pa.C.S. 2161
50 1974-359-120 2 53 P.S. 741 53 Pa.C.S. 2162
51 1974-359-120 3 53 P.S. 742 Omitted
52 1974-359-120 4 53 P.S. 743 53 Pa.C.S. 2163
53 1974-359-120 5 53 P.S. 744 53 Pa.C.S. 2164
54 1974-359-120 6 53 P.S. 745 Omitted
55 1974-359-120 7 53 P.S. 746 53 Pa.C.S. 2165
56 1974-359-120 8 53 P.S. 747 53 Pa.C.S. 2166
57 1974-359-120 9 53 P.S. 748 53 Pa.C.S. 2167
58 1974-359-120 9.1 53 P.S. 748.1 53 Pa.C.S. 2168
59 1974-359-120 9.2 53 P.S. 748.2 53 Pa.C.S. 2169
19950S0689B2340 - 284 -
1 1974-359-120 10 53 P.S. 749 53 Pa.C.S. 2170
2 1974-359-120 11 None Omitted
3 1974-359-120 12 None Omitted
4 1974-359-120 13 None Omitted
5 1974-947-312 1 53 P.S. 11601 53 Pa.C.S. 901
6 1974-947-312 2 53 P.S. 11602 53 Pa.C.S. 902
7 1974-947-312 3 53 P.S. 11603 53 Pa.C.S. 903
8 1974-947-312 4 53 P.S. 11604 53 Pa.C.S. 904
9 1974-947-312 5 53 P.S. 11605 53 Pa.C.S. 905
10 1974-947-312 6 53 P.S. 11606 53 Pa.C.S. 906
11 1974-947-312 7 53 P.S. 11607 53 Pa.C.S. 907
12 1974-947-312 8 53 P.S. 11608 53 Pa.C.S. 908
13 1974-947-312 9 53 P.S. 11609 Omitted
L8L53VDL/19950S0689B2340 - 285 -